When can a patent examiner question test results in a patent application?
A patent examiner can question test results in a patent application when there is a reasonable basis for doing so. The Manual of Patent Examining Procedure (MPEP) 707.07(l) states: The results of the tests and examples should not normally be questioned by the examiner unless there is reasonable basis for questioning the results. If an…
Read MoreWhat precautions should examiners take before an interview regarding other patent cases?
According to MPEP 713.07, patent examiners should take specific precautions before conducting an interview. The section states: Prior to an interview, the examiner should ensure that all files, drawings and other papers, except those necessary in the interview, are out of view. This means examiners must carefully secure and conceal all materials related to other…
Read MoreHow long can a suspension of action last in a patent application?
How long can a suspension of action last in a patent application? The duration of a suspension of action in a patent application can vary. According to MPEP 709, “A suspension of action under 37 CFR 1.103(a) – (d) is limited to a time period of a maximum of 6 months.” However, there are exceptions:…
Read MoreWhat are the time limits for responding to a requirement for information in patent applications?
What are the time limits for responding to a requirement for information in patent applications? The time limits for responding to a requirement for information in patent applications are as follows: For non-final Office actions: The response period is typically two months, which may be extended up to six months from the Office action mailing…
Read MoreWhat information is recorded when a new patent application is received?
When a new patent application is received at a Technology Center, specific information is recorded in the application file. According to MPEP § 719.03, the following information is noted: The classification of the application The initials or name of the examiner who will examine the application Or other assigned docket designation The MPEP states: When…
Read MoreWhen are proceedings considered terminated in a patent application?
According to MPEP 711.02(c), proceedings in a patent application can be terminated in several situations: Failure to pay the issue fee: When the issue fee is not paid and the application is abandoned for failure to pay the issue fee, proceedings are terminated as of the date the issue fee was due and the application…
Read MoreWhat happens to papers submitted to the USPTO after they are entered into the image file wrapper?
Once papers are entered into the image file wrapper of a patent application, they become a permanent part of the record and cannot be withdrawn or expunged without special authority from the Director of the USPTO. As stated in MPEP 719.01: No paper legally entered in the image file wrapper should ever be withdrawn or…
Read MoreWhat is a ‘holding of abandonment’ in patent applications?
A ‘holding of abandonment’ in patent applications occurs when the USPTO determines that an application has been abandoned due to the applicant’s failure to respond within the specified time period. As implied in MPEP 711.03(b), this can happen when: An amendment or reply is received after the expiration of the period for reply There is…
Read MoreWhat are the filing date requirements for patent applications filed on or after December 18, 2013?
For nonprovisional applications (except design applications) filed on or after December 18, 2013, the filing date is the date on which a specification, with or without claims, is received in the Office. This change was implemented as a result of the Patent Law Treaties Implementation Act of 2012 (PLTIA). The MPEP states: Except for design…
Read MoreWhat is the deadline for responding to a final rejection in a patent application?
The deadline for responding to a final rejection in a patent application is typically three months from the date of the final action. However, the MPEP states: “A SHORTENED STATUTORY PERIOD FOR REPLY TO THIS FINAL ACTION IS SET TO EXPIRE THREE MONTHS FROM THE DATE OF THIS ACTION.” It’s important to note that this…
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