Can an applicant dispute the USPTO’s determination of reply period dates?
Yes, an applicant can dispute the USPTO’s determination of reply period dates. According to MPEP 711.03(b): However, the examiner and the applicant may disagree as to the date on which the period for reply commenced to run or ends. In this situation, as in the situation involving sufficiency of reply, the applicant may take issue…
Read MoreWhat is the difference between reinstating canceled text and canceled claims in a patent application?
While both processes involve restoring previously removed content, there are key differences in reinstating canceled text versus canceled claims in a patent application. MPEP 608.01(s) outlines these differences: Canceled Text in Specification: “Canceled text in the specification can be reinstated only by a subsequent amendment presenting the previously canceled matter as a new insertion.” Canceled…
Read MoreWhat is the difference between a petition to withdraw holding of abandonment and a petition for revival?
What is the difference between a petition to withdraw holding of abandonment and a petition for revival? Understanding the difference between a petition to withdraw holding of abandonment and a petition for revival is crucial for patent applicants dealing with potential abandonment issues. According to MPEP 711.03(c): ‘Where an applicant contends that the application is…
Read MoreWhat is the difference between an affidavit and a declaration in patent applications?
In the context of patent applications, affidavits and declarations serve the same purpose but differ in their formalities. According to MPEP 717.01(c): Affidavit: A written statement made under oath before a notary public or other authorized officer. Declaration: A statement in writing made under penalty of perjury, as permitted by 28 U.S.C. 1746. The MPEP…
Read MoreWhat is the difference between an affidavit under 37 CFR 1.131(a) and 37 CFR 1.132 in patent applications?
The key differences between affidavits under 37 CFR 1.131(a) and 37 CFR 1.132 in patent applications are: 37 CFR 1.131(a) affidavit: Used to antedate (show prior invention) a reference by proving invention before the effective date of the reference. 37 CFR 1.132 affidavit: Used to show that the relevant portions of the reference originated with…
Read MoreHow is the date of abandonment determined for a patent application?
How is the date of abandonment determined for a patent application? The date of abandonment for a patent application is determined based on the type of abandonment and the circumstances surrounding it. According to MPEP 711.04(a), there are several scenarios: Failure to reply within the set time period: The date of abandonment is the day…
Read MoreCan demonstrations be conducted during patent examiner interviews?
Can demonstrations be conducted during patent examiner interviews? Yes, demonstrations can be conducted during patent examiner interviews. The MPEP 713.08 states: “The demonstration of an invention may also be conducted during an interview with the examiner.” However, it’s important to note that: Demonstrations should be arranged in advance with the examiner. They must comply with…
Read MoreHow can an applicant demonstrate unexpected results?
To demonstrate unexpected results, an applicant should: Compare the claimed invention with the closest prior art Explain the significance of the unexpected results Provide evidence that is commensurate in scope with the claims The MPEP states: The evidence relied upon should establish ‘that the differences in results are in fact unexpected and unobvious and of…
Read MoreWhen is a decision on a petition to expunge information made?
The decision on a petition to expunge information is typically held in abeyance until certain milestones in the application process. According to MPEP 724.06: The decision on the petition to expunge should be held in abeyance until the application is allowed or an Ex parte Quayle action, or a Notice of Abandonment is mailed, at…
Read MoreWho decides on petitions to expunge information from patent applications?
The decision-maker for petitions to expunge information depends on the circumstances and stage of the application process: For pending applications that have not been allowed or received an Ex parte Quayle action, the examiner initially considers the petition but holds the decision in abeyance. For applications that have been allowed, received an Ex parte Quayle…
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