What should I do if the Priority Mail Express® label is illegible?
What should I do if the Priority Mail Express® label is illegible? If the Priority Mail Express® label on your patent application package becomes illegible, it’s crucial to take immediate action to protect your filing date. The MPEP 513 provides guidance on this situation: “If the Priority Mail Express® mailing label is not placed on…
Read MoreCan an abandoned patent application be revived?
Yes, an abandoned patent application can be revived under certain circumstances. The MPEP 711 states: An abandoned application may be revived as a pending application if it is shown to the satisfaction of the Director that the delay was unavoidable (37 CFR 1.137(a)) or unintentional (37 CFR 1.137(b)). To revive an abandoned application, the applicant…
Read MoreHow can an applicant respond to a final rejection in a patent application?
How can an applicant respond to a final rejection in a patent application? When faced with a final rejection, an applicant has several options to respond: File an appeal: Challenge the examiner’s decision before the Patent Trial and Appeal Board. File a request for continued examination (RCE): Pay a fee to continue prosecution with the…
Read MoreHow can I request an extension of time to reply to a USPTO Office action?
How can I request an extension of time to reply to a USPTO Office action? To request an extension of time to reply to a USPTO Office action, you need to follow specific procedures. According to MPEP 704.13: “Extensions of time may be granted only pursuant to petition under 37 CFR 1.136(a) or (b).” Here’s…
Read MoreHow should a preliminary amendment be formatted?
A preliminary amendment must comply with the formatting requirements set forth in 37 CFR 1.121. The MPEP states, Any preliminary amendment, regardless of when it is filed, must comply with 37 CFR 1.121, e.g., the preliminary amendment must include a complete listing of all of the claims and each section of the amendment must begin…
Read MoreHow can an attorney or agent become ‘of record’ for a patent application?
To become an attorney or agent ‘of record’ for a patent application, one must follow these steps: File a power of attorney from the applicant or assignee. File an oath or declaration referring to the attorney or agent. Include the attorney or agent’s registration number on the patent application transmittal letter. The MPEP 402 states:…
Read MoreHow is the date of abandonment determined for a patent application?
The date of abandonment for a patent application is determined based on the expiration of the set shortened statutory period, including any extensions. It’s typically the day after the period expires. MPEP 711.04(a) provides clear examples: “A non-final Office action was mailed on May 15, 2019 and set a 3 month shortened statutory period that…
Read MoreHow should examiners document interview discussions in patent applications?
How should examiners document interview discussions in patent applications? Examiners are required to document interview discussions in patent applications to ensure a complete and accurate record. According to MPEP 713.04: “A complete written statement as to the substance of any face-to-face, video conference, or telephone interview with regard to an application must be made of…
Read MoreHow are proprietary materials handled under MPEP § 724.02?
How are proprietary materials handled under MPEP § 724.02? Proprietary materials submitted under MPEP § 724.02 are handled with special care to protect sensitive information. The MPEP states: ‘Proprietary information, which is information not trade secret information but which the submitter considers to be sensitive, may be submitted in a patent application or reexamination proceeding…
Read MoreWhat happens if an applicant replies a day or two after a specified time limit?
When an applicant replies a day or two after a specified time limit (not a shortened statutory period), the examiner may have some discretion in handling the late reply. The MPEP states: Where an applicant replies a day or two after the specified time, the delay may be excused by the examiner if satisfactorily explained.…
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