How can I request an extension of time to reply to a USPTO Office action?
How can I request an extension of time to reply to a USPTO Office action? To request an extension of time to reply to a USPTO Office action, you need to follow specific procedures. According to MPEP 704.13: “Extensions of time may be granted only pursuant to petition under 37 CFR 1.136(a) or (b).” Here’s…
Read MoreHow should a preliminary amendment be formatted?
A preliminary amendment must comply with the formatting requirements set forth in 37 CFR 1.121. The MPEP states, Any preliminary amendment, regardless of when it is filed, must comply with 37 CFR 1.121, e.g., the preliminary amendment must include a complete listing of all of the claims and each section of the amendment must begin…
Read MoreHow can an attorney or agent become ‘of record’ for a patent application?
To become an attorney or agent ‘of record’ for a patent application, one must follow these steps: File a power of attorney from the applicant or assignee. File an oath or declaration referring to the attorney or agent. Include the attorney or agent’s registration number on the patent application transmittal letter. The MPEP 402 states:…
Read MoreHow is the date of abandonment determined for a patent application?
The date of abandonment for a patent application is determined based on the expiration of the set shortened statutory period, including any extensions. It’s typically the day after the period expires. MPEP 711.04(a) provides clear examples: “A non-final Office action was mailed on May 15, 2019 and set a 3 month shortened statutory period that…
Read MoreHow should examiners document interview discussions in patent applications?
How should examiners document interview discussions in patent applications? Examiners are required to document interview discussions in patent applications to ensure a complete and accurate record. According to MPEP 713.04: “A complete written statement as to the substance of any face-to-face, video conference, or telephone interview with regard to an application must be made of…
Read MoreHow are proprietary materials handled under MPEP § 724.02?
How are proprietary materials handled under MPEP § 724.02? Proprietary materials submitted under MPEP § 724.02 are handled with special care to protect sensitive information. The MPEP states: ‘Proprietary information, which is information not trade secret information but which the submitter considers to be sensitive, may be submitted in a patent application or reexamination proceeding…
Read MoreWhat happens if an applicant replies a day or two after a specified time limit?
When an applicant replies a day or two after a specified time limit (not a shortened statutory period), the examiner may have some discretion in handling the late reply. The MPEP states: Where an applicant replies a day or two after the specified time, the delay may be excused by the examiner if satisfactorily explained.…
Read MoreHow are materials submitted under MPEP § 724.02 handled in patent applications?
Materials submitted under MPEP § 724.02 are handled differently depending on whether they are submitted in an original application subject to 35 U.S.C. 122 or in a reissue application or reexamination file open to the public. For original applications: Materials are maintained in a sealed envelope marked ‘Not Open To The Public’ They are not…
Read MoreWhat are the guidelines for demonstrating inventions during patent examiner interviews?
What are the guidelines for demonstrating inventions during patent examiner interviews? When demonstrating inventions during patent examiner interviews, applicants should follow these guidelines: Safety first: Ensure the demonstration is safe for all participants. Advance notice: Inform the examiner in advance about any special arrangements needed. Time management: Keep the demonstration brief and focused on relevant…
Read MoreWhat is the significance of gross sales figures in demonstrating commercial success for patents?
What is the significance of gross sales figures in demonstrating commercial success for patents? Gross sales figures can be a powerful indicator of commercial success for patents, but they must be presented correctly. The MPEP 716.03(b) states: “Gross sales figures do not show commercial success absent evidence as to market share, Cable Electric Products, Inc.…
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