What actions can be taken if a patent application contains national security markings but no Secrecy Order?
If an examiner comes across a patent application that contains national security markings but does not have a Secrecy Order imposed, MPEP 130 instructs that “the examiner should require the applicant to seek imposition of a Secrecy Order or authority to cancel the markings.” This should be done preferably with the first office action and…
Read MoreCan failure to pay the issue fee result in an abandoned patent application?
Yes, failure to pay the issue fee can result in an abandoned patent application. MPEP 203.05 explicitly states that an abandoned application includes one removed from the Office docket for failure to pay the issue fee (MPEP § 711 to § 711.05). This means that even if an application has been approved for issuance, if…
Read MoreWhat happens if a drawing is not acceptable for publication?
If a drawing is not acceptable for publication, the Office of Patent Application Processing (OPAP) will object to the drawing and notify the applicant. The applicant will be given a time period of two months from the mail date of the Notice to file acceptable drawings. This period is extendable under 37 CFR 1.136(a) or…
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 MoreWhen is a provisional patent application considered abandoned?
A provisional patent application is considered abandoned no later than 12 months after its filing date. MPEP 203.05 states that an abandoned application includes, in the case of a provisional application, no later than 12 months after the filing date of the provisional application (see MPEP § 711.03(c) and 35 U.S.C. 111(b)(5)). This means that…
Read MoreWhat are the main reasons for patent application abandonment?
According to MPEP 203.05, there are four main reasons for patent application abandonment: Formal abandonment by the applicant or their representative Failure of the applicant to take appropriate action during prosecution Failure to pay the issue fee For provisional applications, the passage of 12 months from the filing date The MPEP states: An abandoned application…
Read MoreWhat actions must an applicant take to prevent abandonment of a national security classified patent application without a Secrecy Order?
According to 37 CFR 5.1(d), an applicant must take one of three actions to prevent abandonment of a national security classified patent application without a Secrecy Order. The MPEP states: Pursuant to 37 CFR 5.1(d), if no Secrecy Order has issued in a national security classified patent application, the Office will set a time period…
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