What happens when two different periods for reply are running against a patent application?
When two different periods for reply are running against a patent application, the following applies: The first period is typically the regular statutory period. The second period is usually set by a subsequent Office action. The running of the first period is not suspended or affected by an ex parte limited time action or an…
Read MoreHow does MPEP 715.05 apply to applications subject to the AIA?
MPEP 715.05 has limited applicability to applications subject to the America Invents Act (AIA). The section specifically states: “[Editor Note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a rejection under pre-AIA 35 U.S.C. 102(g).” For applications subject…
Read MoreIs MPEP 715.01(d) applicable to AIA (America Invents Act) applications?
No, MPEP 715.01(d) is generally not applicable to applications subject to the first inventor to file provisions of the AIA (America Invents Act). The section explicitly states: “[Editor Note: This MPEP section is not applicable to applications subject to the first inventor to file provisions of the AIA unless being relied upon to overcome a…
Read MoreWhat is the purpose of MPEP 714.03(a) regarding supplemental amendments?
MPEP 714.03(a) outlines the guidelines for handling supplemental amendments in patent applications. Its primary purpose is to: Define when supplemental amendments are considered entered or not entered Explain the treatment of supplemental amendments filed after the mailing of an Office action Provide guidance on how examiners should respond to such amendments According to MPEP 714.03(a):…
Read MoreWhat is the purpose of MPEP 704?
MPEP 704 focuses on two crucial aspects of patent examination: search and requirements for information. This section provides guidance to patent examiners on conducting thorough prior art searches and requesting additional information from applicants when necessary to properly examine patent applications. According to MPEP 704, the primary objectives are to ensure a comprehensive examination of…
Read MoreWhen can an amendment after notice of allowance be filed?
An amendment after notice of allowance must be filed before or with the payment of the issue fee. The MPEP 714.16 states: “Finally, it is pointed out that an amendment under 37 CFR 1.312 must be filed on or before the date the issue fee is paid, except where the amendment is required by the…
Read MoreHow 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)…
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