What are the requirements for exhibits filed with affidavits or declarations under 37 CFR 1.130?
Exhibits filed as part of an affidavit or declaration under 37 CFR 1.130 must comply with specific requirements. The MPEP states: Exhibits, such as those filed as part of an affidavit or declaration under 37 CFR 1.130, must comply with the requirements of 37 CFR 1.91 to be entered into an application file. Exhibits that…
Read MoreWhat are the requirements for a request for deferral of examination under 37 CFR 1.103(d)?
What are the requirements for a request for deferral of examination under 37 CFR 1.103(d)? A request for deferral of examination under 37 CFR 1.103(d) has specific requirements. According to MPEP 709: “A request for deferral of examination under 37 CFR 1.103(d) must include the following: (A) A period of suspension, in a whole number…
Read MoreWhat are the requirements for amending claims in response to a rejection?
When amending claims in response to a rejection, an applicant must: Clearly point out the patentable novelty they believe the claims present in view of the state of the art disclosed by the cited references or objections made Show how the amendments avoid such references or objections As stated in 37 CFR 1.111(c): In amending…
Read MoreWhat are the time limits for responding to a requirement for information?
The time limits for responding to a requirement for information are specified in MPEP 704.14(a): Quote: “The examiner may set a shortened statutory time period, not less than one month (30 days), for reply to a requirement for information.” Additionally, the MPEP states: “Extensions of time under 37 CFR 1.136(a) or (b) may be available.”…
Read MoreWhat are the time limits for responding to a requirement for information?
What are the time limits for responding to a requirement for information? The time limits for responding to a requirement for information are specified in MPEP 704.14(a): Quote: “The examiner should set a reasonable time limit (e.g., one month or thirty days) for reply to the requirement for information… The time limit set to reply…
Read MoreWhat is a requirement for information under 37 CFR 1.105?
A requirement for information under 37 CFR 1.105 is a request made by the patent examiner to the applicant for additional information that is deemed necessary for the examination of a patent application. According to the MPEP, The requirement must clearly indicate that a requirement under 37 CFR 1.105 is being made, the basis for…
Read MoreWhat is a requirement for information under 37 CFR 1.105?
A requirement for information under 37 CFR 1.105 is a request made by the patent examiner to the applicant for additional information that is deemed necessary for the examination of a patent application. The MPEP states that: A requirement for information under 37 CFR 1.105 should be narrowly specified and limited in scope. It is…
Read MoreCan I request an extension of time after the original due date has passed?
Yes, you can request an extension of time after the original due date has passed, but only within certain limits. The MPEP 710.02(e) provides guidance on this: An extension of time must be actually obtained within the course of the statutory period or within the time actually taken to reply if longer than the statutory…
Read MoreWhat happens if a reply to an Office action is filed after the application is considered abandoned?
If a reply to an Office action is filed after the application is considered abandoned, the following may occur: The reply may be treated as a petition to revive the application. The examiner may consider the reply if it was filed within a reasonable time after the period for reply. If the reply was not…
Read MoreWhat is the procedure for reclaiming exhibits in patent applications?
The procedure for reclaiming exhibits in patent applications involves: The USPTO sending a letter to the applicant requesting reclamation within a specified time. The applicant must comply with the request within the given timeframe. Failure to respond is considered authorization for the USPTO to dispose of the exhibits. MPEP 715.07(d) specifies: When a letter is…
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