Are there any fees associated with requesting a suspension of action?
Are there any fees associated with requesting a suspension of action? Yes, there are fees associated with requesting a suspension of action. The MPEP 709 states: ‘A petition for suspension of action under 37 CFR 1.103(a) must: … (2) be accompanied by the petition fee set forth in 37 CFR 1.17(g).’ The specific fee amount…
Read MoreHow do fees for extensions of time in patent applications work?
How do fees for extensions of time in patent applications work? Fees for extensions of time in patent applications are structured on a sliding scale, with costs increasing for longer extensions. According to MPEP 710.02(e): The fee for an extension of time is set forth in 37 CFR 1.17(a) and must be filed within the…
Read MoreHow does failure to pay the issue fee affect patent application proceedings?
Failure to pay the issue fee has significant consequences for a patent application. According to MPEP 711.02(c): 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 is the same as…
Read MoreWhat factors can potentially negate evidence of commercial success in patent applications?
Several factors can potentially negate or weaken evidence of commercial success in patent applications. The MPEP mentions: Heavy promotion or advertising Shift in advertising Consumption by purchasers normally tied to applicant or assignee Other business events extraneous to the merits of the claimed invention As stated in the MPEP: In considering evidence of commercial success,…
Read MoreHow does the USPTO handle extensions of time in accelerated examination?
How does the USPTO handle extensions of time in accelerated examination? The USPTO has specific guidelines for handling extensions of time in accelerated examination: Extensions of time under 37 CFR 1.136(a) are not permitted in accelerated examination. Extensions of time under 37 CFR 1.136(b) may be authorized in limited circumstances. Any request for an extension…
Read MoreCan an extension of time be granted after the statutory period has expired?
Generally, an extension of time cannot be granted after the statutory period has expired. The MPEP 710.02(e) states: ‘Any request for an extension of time filed after the statutory period for response has expired will be denied.’ However, there is an exception for situations where the applicant’s failure to respond was due to circumstances beyond…
Read MoreCan the period for reply in a patent application be extended?
Can the period for reply in a patent application be extended? Yes, the period for reply in a patent application can be extended, but with certain limitations. According to MPEP 710: The maximum statutory period of 6 months specified in 35 U.S.C. 133 may not be extended. See MPEP § 710.02(e). However, the period of…
Read MoreCan the time period for filing an appeal brief be extended?
Yes, the time period for filing an appeal brief can be extended. The MPEP states: The 2-month time period for filing an appeal brief on appeal to the Patent Trial and Appeal Board (37 CFR 41.37(a)) and the 1-month time period for filing a new appeal brief to correct the deficiencies in a defective appeal…
Read MoreHow can an applicant extend a shortened statutory period for reply?
An applicant can extend a shortened statutory period for reply under certain conditions. The MPEP states: Extensions of the statutory period under 35 U.S.C. 133 may be obtained under 37 CFR 1.136, provided the extension does not go beyond the 6-month statutory period from the date of the Office action (35 U.S.C. 133). To extend…
Read MoreCan documents be expunged from a patent application file?
Yes, under certain circumstances, documents can be expunged from a patent application file. According to MPEP 719.01: 37 CFR 1.59 provides that certain documents may be expunged if they were unintentionally submitted or contain proprietary information which has not been made public and is not important to a decision of patentability. However, this is an…
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