What is an application number and how is it assigned?
An application number consists of a series code and a serial number. It is assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened. For applications filed using the USPTO patent electronic filing system, EFS-Web provides an Acknowledgement Receipt containing a time and date stamp, application number, and confirmation number.…
Read MoreWhat happens if the drawings in a patent application are not in compliance with the rules?
If the drawings in a patent application are not in compliance with the rules, the Office of Patent Application Processing (OPAP) will send a Notice to File Corrected Application Papers. This notice gives the applicant a time period of 2 months from the mailing date to file corrected drawings. The time period is extendable under…
Read MoreWhat happens if a drawing is not included with the application?
If a drawing is not included with the application but is required for a complete disclosure of the invention, the Office of Patent Application Processing (OPAP) will send a Notice to File Missing Parts giving the applicant a time period of two months from the mailing date of the Notice to file the missing drawing(s).…
Read MoreHow should patent examiners handle objections to drawings?
Patent examiners should handle objections to drawings as follows: If the examiner makes objections to the drawings, they should require correction in reply to the Office action. The examiner should not permit the objection to be held in abeyance. If drawings are marked as ‘informal’ but considered acceptable by OPAP, the examiner should not require…
Read MoreWhat are the requirements for acceptable patent drawings?
According to MPEP 608.02(b), drawings are considered either acceptable or unacceptable. The Office of Patent Application Processing (OPAP) will accept drawings if they are readable and reproducible for publication purposes. Additionally, examiners review drawings for: Disclosure of the claimed invention Proper use of reference numerals The MPEP states: Drawings will be accepted by the Office…
Read MoreWhat steps were taken if an inventor’s signature was missing from a continuation or divisional application?
If an inventor’s signature was missing from a continuation or divisional application, the Office of Patent Application Processing (OPAP) would typically take the following steps: Send a “Notice to File Missing Parts” requiring the signature of the nonsigning inventor. If a copy of the decision according status under pre-AIA 37 CFR 1.47 was not included…
Read MoreWhat happens if the OPAP finds patent drawings unacceptable?
If the Office of Patent Application Processing (OPAP) finds patent drawings unacceptable, the following process occurs: OPAP sends a Notice to File Corrected Application Papers to the applicant. The applicant is given a two-month period from the mailing date to file acceptable drawings. This period is extendable under 37 CFR 1.136(a). The application will not…
Read MoreWhat happens if the reference to a prior application is not in the first sentence of the specification?
If the reference to a prior application is not in the first sentence of the specification, it may still be acceptable under certain conditions. According to MPEP 211.02: If the reference to the prior application is not in the first sentence of the specification, it may be given limited review. For example, if an application…
Read MoreWhat happens if drawings submitted in a patent application are marked as ‘informal’?
If drawings submitted in a patent application are marked as ‘informal’ but are considered acceptable by the Office of Patent Application Processing (OPAP), the examiner will not require replacement of the drawings. As stated in the MPEP: If the drawings submitted in an application have been indicated by the applicant as “informal,” but the drawings…
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