Does filing a request for continued examination (RCE) change an application’s status under pre-AIA or AIA rules?
No, filing a request for continued examination (RCE) does not change an application’s status under pre-AIA or AIA rules. The MPEP clearly states: Accordingly, such an application remains subject to pre-AIA 35 U.S.C. 102 and 103 even if a request for continued examination under 37 CFR 1.114 is filed on or after March 16, 2013,…
Read MoreWhat should patent attorneys do if they suspect a Notice of Allowance was not received?
If patent attorneys suspect that a Notice of Allowance was not received, they should take the following steps: Check the USPTO’s Patent Application Information Retrieval (PAIR) system for updates on the application status. Contact the USPTO promptly to inquire about the Notice of Allowance. Provide updated contact information if there have been any changes. Request…
Read MoreWhat is Private PAIR and how can I access it for international patent applications?
Private PAIR (Patent Application Information Retrieval) is a system that displays information regarding patent application status, allowing applicants to access current patent application status electronically via the Internet. To access private PAIR for international applications, you must meet the following criteria: Be a registered patent attorney/agent, an independent inventor, or a person granted limited recognition…
Read MoreWhat is the role of the Director of Office of Data Management in patent petitions?
The Director of Office of Data Management plays a crucial role in deciding specific types of patent petitions. According to MPEP 1002.02(r), the Director is responsible for deciding on: Petitions to withdraw holding of abandonment where a notice of abandonment has been, or could have been properly mailed by the Office of Data Management Petitions…
Read MoreHow does filing a late amendment affect the abandonment date of a patent application?
Filing a late amendment does not typically affect the abandonment date of a patent application. The application is considered abandoned as of the day after the due date for the reply. As stated in MPEP 711.02: An application becomes abandoned if the applicant fails to file a complete and proper reply as the condition of…
Read MoreWhat is the difference between express and unintentional abandonment of a patent application?
Express abandonment and unintentional abandonment are two distinct ways a patent application can be abandoned. According to MPEP 711: ‘Express abandonment occurs when an applicant deliberately chooses to abandon the application, while unintentional abandonment happens when an applicant fails to reply to an Office action within the set time period without intending to abandon the…
Read MoreWhat information can I find about my patent application status?
The USPTO provides several ways to obtain information about the status of your patent application. According to the standard language in office actions: “Information regarding the status of an application may be obtained from Patent Center and the Private Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from Patent…
Read MoreHow does the USPTO notify applicants of patent application abandonment?
The United States Patent and Trademark Office (USPTO) has specific procedures for notifying applicants when their patent applications are considered abandoned. According to MPEP 711: ‘When an application is abandoned, the Office should send a letter (Notice of Abandonment) to the applicant or the applicant’s attorney or agent of record, if any, notifying the applicant…
Read MoreWhat are ‘status inquiries’ in the context of patent applications?
What are ‘status inquiries’ in the context of patent applications? ‘Status inquiries’ refer to requests for information about the current state of a pending patent application. The MPEP 708 provides guidance on how these inquiries are handled: “Replies to status inquiries shall be made promptly, usually within two weeks from receipt of the inquiry.” Key…
Read MoreWho is entitled to receive information about a patent application’s status?
According to MPEP 203.08, information about a patent application’s status can be provided to: The applicant The applicant’s assignee The attorney or agent of record Anyone with written authority from one of the above The MPEP states: “Status information which may be given includes information as to whether the application has been filed, whether the…
Read More