How should an applicant respond to an Office Action?

When responding to an Office Action, applicants should: Include the application number, 4-digit art unit number, and examiner’s name Include the 4-digit confirmation number on every paper filed Address all rejections and objections raised in the Office Action Provide arguments for allowability as required by 37 CFR 1.111 The MPEP section 707 states: Replies to…

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What types of amendments are typically denied entry in patent applications?

According to MPEP 714.19, several types of amendments are ordinarily denied entry in patent applications. Some key examples include: Amendments presenting unpatentable claims or raising new issues in applications with closed prosecution Substitute specifications that don’t comply with 37 CFR 1.125 Unsigned or improperly signed amendments Amendments filed after the expiration of the statutory period…

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How are drawing errors handled in patent applications?

How are drawing errors handled in patent applications? Drawing errors in patent applications are typically addressed as follows: Minor errors: The examiner may handle these by annotations or corrections with the concurrence of the applicant. Substantial errors: These require the applicant to submit corrected drawings. According to MPEP 608.02: ‘In instances where the drawing is…

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What happened to 37 CFR 1.60 and when?

37 CFR 1.60, which dealt with the divisional continuation procedure, was deleted effective December 1, 1997. This change was announced in the Official Gazette, as stated in the MPEP: 37 CFR 1.60 was deleted effective December 1, 1997. See 1203 O.G. 63, October 21, 1997. This means that the specific procedures outlined in this regulation…

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What are the requirements for the amendment document when canceling a patent drawing figure?

When canceling a patent drawing figure, the amendment document should include: An explanation of the changes to the drawings in the remarks section. The marked-up (annotated) copy of the drawing sheet showing the cancellation. A replacement sheet of drawings without the canceled figure (if applicable). Amendments to the brief description of the drawings reflecting the…

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What happens if a nonprovisional application is filed without all pages of the specification?

If a nonprovisional application is filed without all pages of the specification, but contains something that can be construed as a written description, the USPTO will take the following actions: Issue a Notice of Omitted Items indicating the application has been accorded a filing date but is missing some pages of the specification. Give the…

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