What factors can potentially negate evidence of commercial success in patent applications?
Several factors can potentially negate or weaken evidence of commercial success in patent applications. The MPEP mentions: Heavy promotion or advertising Shift in advertising Consumption by purchasers normally tied to applicant or assignee Other business events extraneous to the merits of the claimed invention As stated in the MPEP: In considering evidence of commercial success,…
Read MoreHow does the USPTO handle extensions of time in accelerated examination?
How does the USPTO handle extensions of time in accelerated examination? The USPTO has specific guidelines for handling extensions of time in accelerated examination: Extensions of time under 37 CFR 1.136(a) are not permitted in accelerated examination. Extensions of time under 37 CFR 1.136(b) may be authorized in limited circumstances. Any request for an extension…
Read MoreCan an extension of time be granted after the statutory period has expired?
Generally, an extension of time cannot be granted after the statutory period has expired. The MPEP 710.02(e) states: ‘Any request for an extension of time filed after the statutory period for response has expired will be denied.’ However, there is an exception for situations where the applicant’s failure to respond was due to circumstances beyond…
Read MoreCan the period for reply in a patent application be extended?
Can the period for reply in a patent application be extended? Yes, the period for reply in a patent application can be extended, but with certain limitations. According to MPEP 710: The maximum statutory period of 6 months specified in 35 U.S.C. 133 may not be extended. See MPEP § 710.02(e). However, the period of…
Read MoreCan the time period for filing an appeal brief be extended?
Yes, the time period for filing an appeal brief can be extended. The MPEP states: The 2-month time period for filing an appeal brief on appeal to the Patent Trial and Appeal Board (37 CFR 41.37(a)) and the 1-month time period for filing a new appeal brief to correct the deficiencies in a defective appeal…
Read MoreHow can an applicant extend a shortened statutory period for reply?
An applicant can extend a shortened statutory period for reply under certain conditions. The MPEP states: Extensions of the statutory period under 35 U.S.C. 133 may be obtained under 37 CFR 1.136, provided the extension does not go beyond the 6-month statutory period from the date of the Office action (35 U.S.C. 133). To extend…
Read MoreCan documents be expunged from a patent application file?
Yes, under certain circumstances, documents can be expunged from a patent application file. According to MPEP 719.01: 37 CFR 1.59 provides that certain documents may be expunged if they were unintentionally submitted or contain proprietary information which has not been made public and is not important to a decision of patentability. However, this is an…
Read MoreHow can I expunge information unintentionally submitted in a patent application?
To expunge information unintentionally submitted in a patent application, you can file a petition under 37 CFR 1.59(b). According to MPEP 724.05, the petition must meet the following criteria: The Office can return the information before patent issuance The submission was unintentional, and failure to return it would cause irreparable harm The information has not…
Read MoreIs it possible to expunge part of the original disclosure in a patent application?
Expunging part of the original disclosure in a patent application is extremely difficult and rarely granted. According to MPEP 724.05: A petition to expunge a part of the original disclosure must be filed under 37 CFR 1.183, since such a request requires a waiver of the requirements of 37 CFR 1.59(a). Petitions under 37 CFR…
Read MoreWhat is the process for expunging information from a patent application file?
The process for expunging information from a patent application file is outlined in 37 CFR 1.59. An applicant can request expungement by: Filing a petition under 37 CFR 1.59(b) Paying the required fee set forth in 37 CFR 1.17(g) Establishing to the satisfaction of the Director that the expungement is appropriate The MPEP states: Expungement…
Read More