What is an amendment after notice of allowance?
An amendment after notice of allowance is a change made to a patent application after the USPTO has issued a notice of allowance but before the patent is granted. These amendments are governed by 37 CFR 1.312, which states: “No amendment may be made as a matter of right in an application after the mailing…
Read MoreWhat are the written description and enablement requirements related to test results in patent applications?
The written description and enablement requirements are crucial when considering test results in patent applications. The MPEP 707.07(l) references these requirements: See MPEP §§ 2161 – 2164.08(c) for a discussion of the written description and enablement requirements of 35 U.S.C 112. These requirements, found in 35 U.S.C. 112(a), mandate that the patent application must: Written…
Read MoreWhat are the conditions for withdrawal from accelerated examination?
What are the conditions for withdrawal from accelerated examination? An applicant can withdraw from the accelerated examination program at any time during the examination process. However, there are specific conditions and consequences to consider: The application will be removed from the accelerated examination program and placed on the examiner’s regular docket. The application will no…
Read MoreCan an express abandonment be withdrawn or revoked?
Generally, an express abandonment cannot be withdrawn or revoked once it has been recognized by the Office. The MPEP 711.01 states: “A letter of express abandonment which is personally delivered to the Office on a Saturday, Sunday, or federal holiday within the District of Columbia, will be deemed to be received on the next succeeding…
Read MoreWho can sign a declaration under 37 CFR 1.130?
According to the MPEP, anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. The MPEP states: Anyone who has knowledge of the facts discussed in the declaration may sign a declaration under 37 CFR 1.130. However, it’s important to note that while anyone with knowledge…
Read MoreWhen is an application considered abandoned?
An application is considered abandoned after midnight of the date on which the set shortened statutory period, including any extensions under 37 CFR 1.136, expired. This is typically the end of the 3-month shortened statutory period. As stated in MPEP 711.04(a): “If the application is abandoned, the date of the abandonment is after midnight of…
Read MoreWhen can a final rejection be withdrawn in a patent application?
A final rejection in a patent application can be withdrawn under specific circumstances. According to MPEP 706.07(e): “Once a final rejection that is not premature has been entered in an application/reexamination proceeding, it should not be withdrawn at the applicant’s or patent owner’s request except on a showing under 37 CFR 1.116(b).” However, the examiner…
Read MoreWhat is prioritized examination?
Prioritized examination is a program that allows an application to be accorded special status and examined out of turn. The goal is to provide a final disposition within 12 months of prioritized status being granted. There are two types: ‘Track One’ for newly filed applications ‘PE-RCE’ for requests for continued examination As stated in the…
Read MoreWhat is a preliminary amendment in patent applications?
A preliminary amendment is an amendment that is received in the Office on or before the mail date of the first Office action under 37 CFR 1.104. As stated in the MPEP, For applications filed on or after September 21, 2004 (the effective date of 37 CFR 1.115(a)(1)), a preliminary amendment that is present on…
Read MoreWhat is prioritized examination and how does it work?
Prioritized examination, also known as Track One, is a program that allows applicants to request expedited examination of their patent applications. According to the MPEP, Under prioritized examination, an application will be accorded special status until a final disposition is reached in the application. The goal for handling applications under prioritized examination is to provide,…
Read More