What are the consequences of failing to compare with the closest prior art in a patent application?

Failing to compare with the closest prior art in a patent application can have significant consequences. The MPEP 716.02(e) states: ‘An affidavit or declaration under 37 CFR 1.132 must compare the claimed subject matter with the closest prior art to be effective to rebut a prima facie case of obviousness.’ The consequences of not doing…

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What happens if an applicant fails to reply to a requirement for information in a patent application?

What happens if an applicant fails to reply to a requirement for information in a patent application? If an applicant fails to reply to a requirement for information in a patent application, the consequences can be severe. According to MPEP 704.11(b): Where the applicant fails to reply to a requirement for information, the results may…

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What are the consequences of failing to meet accelerated examination requirements?

Failing to meet the accelerated examination requirements can have significant consequences for your patent application. According to MPEP 708.02(a): ‘If the requirements for accelerated examination are not met or if the petition is denied, the application will be returned to the examiner for processing under normal examination procedures.’ This means: Your application will lose its…

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What are the requirements for a complete request for prioritized examination?

A complete request for prioritized examination must include: Certification and request form PTO/AIA/424 Required fees (prioritized examination fee, processing fee, and regular filing fees) Application must contain or be amended to contain no more than 4 independent claims and 30 total claims, and no multiple dependent claims Must be filed via the USPTO’s electronic filing…

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