How does the USPTO communicate with applicants regarding protests?

The USPTO communicates directly with the applicant, not the protestor, regarding any protests filed against their application. According to MPEP 1901.05: “The Office will communicate with the applicant regarding any protest entered in an application file and may require the applicant to supply information pursuant to 37 CFR 1.291(f), including replies to specific questions raised…

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Who can file an international patent application under the Patent Cooperation Treaty (PCT)?

Any resident or national of a Contracting State may file an international application under the Patent Cooperation Treaty (PCT). This includes individuals, corporate entities, or other concerns. As stated in the MPEP: Any resident or national of a Contracting State may file an international application. See PCT Article 9 and PCT Rule 18. The applicant…

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Who can apply for a reissue patent?

According to 35 U.S.C. 251(c), the following parties can apply for a reissue patent: “The provisions of this title relating to applications for patent shall be applicable to applications for reissue of a patent, except that application for reissue may be made and sworn to by the assignee of the entire interest if the application…

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Who receives the International Preliminary Examination Report?

The International Preliminary Examination Report is transmitted to two main recipients: The applicant The International Bureau This is specified in MPEP 1879.02, which cites PCT Rule 71.1(a): “The International Preliminary Examining Authority shall, on the same day, transmit one copy of the international preliminary examination report and its annexes, if any, to the International Bureau,…

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How does the America Invents Act (AIA) affect who can be an applicant in U.S. National Stage Applications?

The America Invents Act (AIA) significantly expanded who can be an applicant in patent applications, including U.S. National Stage Applications. This change applies to applications with an international filing date on or after September 16, 2012. The MPEP states: “The America Invents Act (AIA) amended 35 U.S.C. 118 to expand who may be an applicant…

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