How 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 MoreCan status information be provided for unpublished patent applications?
In general, status information cannot be provided for unpublished patent applications, unless the requester is: The applicant A patent practitioner of record The assignee or an assignee of an undivided part interest The inventor or a joint inventor A registered attorney or agent named in the application papers Alternatively, a person with written authority from…
Read MoreWhat does it mean if a patent application has a status of “rejected”?
A nonprovisional patent application is designated as “rejected” if, during prosecution before allowance, it contains an examiner’s action that has not been replied to by the applicant. As stated in MPEP 203.02: A nonprovisional application which, during its prosecution in the examining group and before allowance, contains an unanswered examiner’s action is designated as a…
Read MoreWhat is the status of a new nonprovisional patent application?
A “new” nonprovisional patent application is one that has not yet received an action by the examiner. Its status as a “new” application continues until the examiner takes action, even if the applicant files an amendment prior to the first Office Action. A request for continued examination (RCE) under 37 CFR 1.114 is not considered…
Read MoreWhen is a patent application considered “amended”?
According to MPEP 203.03, a nonprovisional patent application is considered “amended” after it has been initially acted on by the examiner, and the applicant has filed a reply to the examiner’s action. The applicant’s reply may include: An election A traverse of the examiner’s action An amendment to the application
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