How should amendments be made to ASCII plain text files submitted in a patent application?
Amendments to ASCII plain text files submitted in a patent application must be made by submitting a replacement file. The process for submitting amendments varies depending on the type of content: For “Computer Program Listing Appendix”: Submit a replacement ASCII plain text file via the USPTO patent electronic filing system or on a read-only optical…
Read MoreWhat should I do if the title of my invention is not specific to the claimed invention?
If the title of your invention is not specific to the claimed invention, you should refer to MPEP § 606.01 for guidance. The MPEP § 1302.04(a) directs patent examiners and applicants to this section: “Where the title of the invention is not specific to the invention as claimed, see MPEP § 606.01.” MPEP § 606.01…
Read MoreCan original drawings be physically altered to correct errors in a patent application?
The MPEP is clear on this matter: original drawings should not be physically altered to correct errors. Section 608.02(p) states: “Original drawings should not be altered or obliterated by applicant or draftsperson.“ Instead of altering original drawings, applicants should: Submit replacement sheets with the necessary corrections Provide a marked-up copy showing the changes Include detailed…
Read MoreWhat is the procedure for admitting a model or exhibit as part of a patent application record?
To admit a model or exhibit as part of a patent application record, you need to file a petition under 37 CFR 1.91. The MPEP states: “Petitions under 37 CFR 1.91 to admit a model or exhibit as part of the record of an application, MPEP § 608.03.“ Key points to consider: The Technology Center…
Read MoreCan a Certificate of Correction be used to add a priority claim that was omitted from the original patent application?
Yes, a Certificate of Correction can be used to add a priority claim that was omitted from the original patent application, under certain conditions. The MPEP 1481 states: “The types of mistakes for which a certificate of correction of applicant’s mistake may be issued include the situation where ‘through error and without deceptive intention’ the…
Read MoreWhat actions can lead to unintentional abandonment of a patent application?
Several actions or inactions can lead to unintentional abandonment of a patent application. The MPEP 711.02 provides guidance on this: “Abandonment may result from a failure to reply to an Office action within the period for reply… or from a failure to pay certain fees within the prescribed time limit.” Common causes of unintentional abandonment…
Read MoreHow can an applicant ensure they’ve deposited biological material with an acceptable institution for PCT applications?
To ensure that biological material is deposited with an acceptable institution for PCT applications, applicants should: Consult the PCT Gazette or Annex L of the PCT Applicant’s Guide, which list notified depositary institutions. Choose a depositary institution that has been notified by the designated Offices of interest. The MPEP states: “A reference to a deposit…
Read MoreHow does 37 CFR 1.141(b) relate to restriction requirements in patent applications?
37 CFR 1.141(b) is a regulation that specifically addresses restriction requirements in patent applications containing claims to multiple categories of inventions. The MPEP 806.05(i) references this regulation: “37 CFR 1.141 Different inventions in one national application. ***** (b) Where claims to all three categories, product, process of making, and process of use, are included in…
Read MoreWhat is the significance of ‘month to month’ evidence in proving diligence for patent applications?
The significance of ‘month to month’ evidence in proving diligence for patent applications lies in demonstrating continuous effort towards reduction to practice. According to MPEP 715.07(a): ‘Where the evidence of facts establishing diligence is made out on a day-to-day basis, such a record of facts demonstrating reasonably continuous diligence is sufficient to overcome a reference.’…
Read MoreWhat happens if I miss the six-month statutory period for reply in a patent application?
What happens if I miss the six-month statutory period for reply in a patent application? If you miss the six-month statutory period for reply in a patent application, your application will be considered abandoned. According to MPEP 711: The statutory period for reply to an Office action is 6 months (35 U.S.C. 133). When a…
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