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,…

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What 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…

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What 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…

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What 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…

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What 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…

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How 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…

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What 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…

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