What is the role of the Office of Patent Application Processing (OPAP) in ex parte reexamination?
The Office of Patent Application Processing (OPAP) plays a crucial role in the initial stages of ex parte reexamination. According to MPEP 2226: “The opening of all mail marked “Mail Stop Ex Parte Reexam,” and all initial clerical processing of requests for reexamination, will be performed in the Office of Patent Application Processing (OPAP).” OPAP…
Read MoreWhat is the initial processing procedure for ex parte reexamination requests?
The initial processing of ex parte reexamination requests filed under 35 U.S.C. 302 involves specific clerical procedures. According to MPEP 2226: “The opening of all mail marked “Mail Stop Ex Parte Reexam,” and all initial clerical processing of requests for reexamination, will be performed in the Office of Patent Application Processing (OPAP).” This means that…
Read MoreWhat is the procedure for withdrawing a patent application from issue?
The procedure for withdrawing a patent application from issue involves several steps, as outlined in MPEP 1308.01: The examiner notifies the Office of Patent Application Processing (OPAP) to withdraw the application from issue. OPAP then forwards the application to the Technology Center (TC) for processing. The TC Technical Support Staff (TSS) processes the withdrawal and…
Read MoreWhat is the role of the Office of Patent Application Processing (OPAP) in reviewing reissue oaths/declarations filed before September 16, 2012?
For reissue applications filed before September 16, 2012, the Office of Patent Application Processing (OPAP) plays a crucial role in reviewing the reissue oath/declaration. Specifically: OPAP is responsible for reviewing the reissue oath/declaration for compliance with pre-AIA 37 CFR 1.63. This initial review by OPAP means that the examiner is not required to perform this…
Read MoreWhat is the role of the Office of Patent Application Processing (OPAP) in handling new design and plant patent applications?
The Office of Patent Application Processing (OPAP) plays a crucial initial role in handling new design and plant patent applications at the USPTO. As detailed in MPEP 909.02(a): “New nonprovisional design and plant applications are assigned to Technology Centers (TCs) 2900 and 1600, respectively, in the first instance by the Office of Patent Application Processing…
Read MoreWhat should I do if I accidentally omitted pages or drawings from my patent application?
If you accidentally omitted pages or drawings from your patent application, you can petition the USPTO to accept these omitted items. The MPEP states: “Petitions under 37 CFR 1.182 to accept omitted page(s) or drawing(s) and be accorded a filing date as of the date of such submission, or to accept drawings for purposes of…
Read MoreHow are plant patent applications handled if incorrectly routed?
Plant patent applications under 35 U.S.C. 161 are specifically handled as follows: All plant patent applications are assigned and examined in Art Unit (AU) 1661. If an application is accidentally routed to the wrong AU, it will be manually rerouted to OPAP for proper routing to AU 1661. The MPEP states: All plant patent applications…
Read MoreHow can I request an extension of time for my patent application before the Office of Patent Application Processing?
If you need additional time for your patent application while it’s before the Office of Patent Application Processing (OPAP), you can petition for an extension of time. The MPEP states: “Petitions for extension of time under 37 CFR 1.136(b) in applications before the Office of Patent Application Processing.“ These petitions are decided by the Director…
Read MoreHow are new design and plant patent applications initially assigned?
New nonprovisional design and plant patent applications are initially assigned by the Office of Patent Application Processing (OPAP) as follows: Design applications are assigned to Technology Center (TC) 2900 Plant applications are assigned to Technology Center (TC) 1600 As stated in the MPEP: New nonprovisional design and plant applications are assigned to Technology Centers (TCs)…
Read MoreWhat types of requests can be made to correct inventorship in a nonprovisional patent application?
Requests to correct inventorship in a nonprovisional patent application can be made under 37 CFR 1.48 if filed on or after September 16, 2012. The Manual of Patent Examining Procedure (MPEP) states: “Requests under 37 CFR 1.48 filed on or after September 16, 2012 to correct inventorship in a nonprovisional application.“ These requests are decided…
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