How does AIA 35 U.S.C. 102(b)(2)(C) handle common ownership situations?
How does AIA 35 U.S.C. 102(b)(2)(C) handle common ownership situations? AIA 35 U.S.C. 102(b)(2)(C) provides an important exception for commonly owned patent applications and patents. According to MPEP 717: “AIA 35 U.S.C. 102(b)(2)(C) provides that subject matter disclosed in a U.S. patent, U.S. patent application publication, or WIPO published application shall not be prior art…
Read MoreCan affidavits or evidence be submitted after a final rejection?
Yes, affidavits or other evidence can be submitted after a final rejection, but under specific conditions. According to MPEP 714.12: An affidavit or other evidence submitted after a final rejection or other final action (§ 1.113) in an application or in an ex parte reexamination filed under § 1.510, or an action closing prosecution (§…
Read MoreWhat is the difference between an affidavit and a declaration in patent applications?
In the context of patent applications, affidavits and declarations serve similar purposes but have different formal requirements. According to MPEP 717.01(c): Affidavit: A statement in writing made under oath before a notary public, magistrate, or officer authorized to administer oaths. Declaration: A statement in compliance with 37 CFR 1.68 and 28 U.S.C. 1746, which allows…
Read MoreWhat types of activities can be used against claims in a patent application?
According to MPEP 715.01(d), various activities can be used against claims in a patent application. These include: Public use Sales Publications Patents Abandonment The MPEP states: ‘The 1-year grace period in pre-AIA 35 U.S.C. 102(b) is measured from the filing date to which the application is entitled (United States filing date or foreign priority date)…
Read MoreWhat are examples of acceptable excuses for gaps in diligence?
What are examples of acceptable excuses for gaps in diligence? The MPEP provides several examples of acceptable excuses for gaps in diligence during the critical period: Illness of the inventor Extensive travel by the inventor Military service by the inventor Inventor’s employment that related to the invention Reasonable vacation time Time spent in preparing and…
Read MoreWhat are the requirements for a complete accelerated examination support document (AESD)?
What are the requirements for a complete accelerated examination support document (AESD)? A complete accelerated examination support document (AESD) must include the following elements: A statement that a preexamination search was conducted, including an identification of the field of search by United States class and subclass and the date of the search, where applicable, and,…
Read MoreWhat is an Accelerated Examination Support Document?
An Accelerated Examination Support Document is a critical component of the Accelerated Examination process. It must include: An information disclosure statement citing the most closely related prior art An identification of all limitations in the claims that are disclosed by the cited references A detailed explanation of patentability over the cited references A concise statement…
Read MoreWhat happens if an Accelerated Examination application becomes involved in proceedings outside the normal examination process?
When an Accelerated Examination application becomes involved in proceedings outside the normal examination process: The USPTO will treat the application as special before and after such proceedings During the proceedings, the application will not be accelerated The application will be processed expeditiously once the proceedings are completed The final disposition may occur later than twelve…
Read MoreHow does the USPTO handle replies in Accelerated Examination applications?
The USPTO has specific procedures for handling replies in Accelerated Examination applications: Replies must be filed electronically via EFS-Web for expeditious processing Any amendment not encompassed by the original accelerated examination support document requires an updated support document Non-responsive replies may be given a shortened statutory period of two months to supply omissions or corrections…
Read MoreCan an applicant withdraw from the Accelerated Examination program?
While there is no formal process for “withdrawal” from the Accelerated Examination program, an applicant can effectively exit the program by: Filing a petition for extension of time, which will result in the application being taken out of the program Abandoning the application in favor of a continuing application (which will not automatically receive special…
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