What 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…
Read MoreWhat are the specific requirements for a petition to make special under the accelerated examination program?
To file a petition to make special under the accelerated examination program, an applicant must meet the following specific requirements: File the application, petition, and required fees electronically using EFS-Web File a petition to make special with the appropriate fee File a statement that the application is limited to 3 or fewer independent claims, 20…
Read MoreWhat are the eligibility requirements for the Accelerated Examination program?
To be eligible for the Accelerated Examination program, an application must meet the following criteria: Be a non-reissue utility or design application filed under 35 U.S.C. 111(a) on or after August 25, 2006 Not be a plant application, reissue application, national stage application, reexamination proceeding, or RCE (unless previously granted special status) Not be based…
Read MoreCan I request accelerated examination for design patent applications?
Yes, accelerated examination is available for design patent applications. The MPEP 708.02(a) states: ‘Design applications may be included in the accelerated examination program.’ However, there are specific requirements for design applications: The application must be complete and meet all requirements for design patents. A petition to make special under the accelerated examination program must be…
Read MoreWhat is the difference between ‘abandonment’ and ‘holding of abandonment’ in patent applications?
What is the difference between ‘abandonment’ and ‘holding of abandonment’ in patent applications? In patent applications, there’s an important distinction between ‘abandonment’ and ‘holding of abandonment’: Abandonment refers to the actual loss of patent rights due to the applicant’s failure to take required actions within specified time periods. Holding of abandonment is an administrative action…
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