How does the USPTO evaluate diligence in joint inventorship cases?
How does the USPTO evaluate diligence in joint inventorship cases? In cases of joint inventorship, the USPTO evaluates diligence differently than for sole inventors. According to MPEP 715.07(a): ‘Where two or more inventors are involved, only one need show diligence. It is not necessary that the efforts of the joint inventors be continuous, so long…
Read MoreHow does the USPTO process Information Disclosure Statements electronically?
The USPTO electronically processes Information Disclosure Statements (IDS) submitted in patent applications. According to MPEP 609.08: The USPTO electronically processes the list of citations (e.g., form PTO/SB/08) submitted as part of an information disclosure statement (IDS) submitted in applications stored by the Office in image form. This electronic processing allows for efficient handling and review…
Read MoreHow does the USPTO handle time periods ending on weekends or federal holidays?
How does the USPTO handle time periods ending on weekends or federal holidays? The USPTO has specific rules for handling time periods that end on weekends or federal holidays. According to MPEP 710.02: “If the last day of the period for reply falls on a Saturday, Sunday, or a federal holiday within the District of…
Read MoreHow can expert skepticism be used to support a patent application?
Expert skepticism can be a powerful tool to support a patent application, particularly in demonstrating nonobviousness. The MPEP provides guidance on this: The skepticism of an expert, expressed before these inventors proved him wrong, is entitled to fair evidentiary weight, . . . as are the five to six years of research that preceded the…
Read MoreHow important is it to update my correspondence address with the USPTO?
Updating your correspondence address with the USPTO is crucial. The MPEP emphasizes: “In essence, it is imperative that a paper notifying the Office of a change of address be filed promptly in each application in which the correspondence address is to be changed (except as provided for under Customer Number practice — see MPEP §…
Read MoreWhat happens if an amendment is unsigned or improperly signed?
According to MPEP 714.01(a), an unsigned or improperly signed amendment will not be entered into the application. The MPEP states: An unsigned amendment or one not properly signed by a person having authority to prosecute the application is not entered. If an unsigned or improperly signed amendment is received, the examiner will: List the amendment…
Read MoreHow is a change in inventor’s residence handled in patent applications?
Changes in an inventor’s residence are not automatically updated in patent applications. The MPEP 719.02 states: Unless specifically requested by applicant, the residence(s) associated with the inventor(s) will not be changed. For example, if a new oath gives a different residence from the original, the file will not be changed. To update the residence information,…
Read MoreWhat happens if an amendment is unsigned or improperly signed?
An unsigned amendment or one not properly signed by a person having authority to prosecute the application is not entered into the application. The MPEP states: An unsigned amendment or one not properly signed by a person having authority to prosecute the application is not entered. (MPEP 714.01(a)) The examiner will notify the applicant of…
Read MoreCan a patent application be abandoned unintentionally?
Can a patent application be abandoned unintentionally? Yes, a patent application can be abandoned unintentionally. This often occurs when an applicant inadvertently misses a deadline or fails to respond to an Office action within the required time frame. The MPEP 711 states: An application may become abandoned by failure to file a timely and proper…
Read MoreCan I simply uncross canceled text to reinstate it in a patent application?
No, you cannot simply uncross or unmarked canceled text to reinstate it in a patent application. The process for reinstating canceled text is specific and regulated. According to MPEP 608.01(s): “Canceled text in the specification can be reinstated only by a subsequent amendment presenting the previously canceled matter as a new insertion.” This means that…
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