How can I expunge information unintentionally submitted in a patent application?
To expunge information unintentionally submitted in a patent application, you can file a petition under 37 CFR 1.59(b). According to MPEP 724.05, the petition must meet the following criteria: The Office can return the information before patent issuance The submission was unintentional, and failure to return it would cause irreparable harm The information has not…
Read MoreIs it possible to expunge part of the original disclosure in a patent application?
Expunging part of the original disclosure in a patent application is extremely difficult and rarely granted. According to MPEP 724.05: A petition to expunge a part of the original disclosure must be filed under 37 CFR 1.183, since such a request requires a waiver of the requirements of 37 CFR 1.59(a). Petitions under 37 CFR…
Read MoreWhat is the process for expunging information from a patent application file?
The process for expunging information from a patent application file is outlined in 37 CFR 1.59. An applicant can request expungement by: Filing a petition under 37 CFR 1.59(b) Paying the required fee set forth in 37 CFR 1.17(g) Establishing to the satisfaction of the Director that the expungement is appropriate The MPEP states: Expungement…
Read MoreCan I expunge information submitted in the incorrect patent application?
Yes, you can petition to expunge information submitted in the incorrect patent application. MPEP 724.05 addresses this situation under 37 CFR 1.59(b): 37 CFR 1.59(b) also covers the situation where an unintended heading has been placed on papers so that they are present in an incorrect application file. In such a situation, a petition should…
Read MoreWhat is the difference between express and implied abandonment of a patent application?
What is the difference between express and implied abandonment of a patent application? Express and implied abandonment are two ways a patent application can be abandoned. The MPEP 711 provides guidance on both types: Express Abandonment: This occurs when an applicant explicitly declares their intention to abandon the application. The MPEP states: Express abandonment of…
Read MoreWhat is the difference between express and formal abandonment of a patent application?
Express abandonment and formal abandonment are two ways to voluntarily abandon a patent application: Express abandonment is initiated by the applicant or their attorney/agent by filing a written declaration of abandonment. Formal abandonment occurs when the applicant fails to reply to an Office action within the set statutory period or shortened statutory period. According to…
Read MoreWhat is express abandonment of a patent application?
Express abandonment is a formal procedure where an applicant or their attorney/agent voluntarily abandons a patent application. According to MPEP 711.01, A letter of abandonment properly signed becomes effective when an appropriate official of the Office takes action thereon. This means the abandonment is officially recognized when processed by the USPTO. To learn more: express…
Read MoreWhat role does skepticism of experts play in establishing long-felt need for patent applications?
What role does skepticism of experts play in establishing long-felt need for patent applications? Skepticism of experts can be a powerful factor in establishing long-felt need for patent applications. The MPEP acknowledges its significance: Skepticism of experts or disbelief of those in the art may also be used to show nonobviousness. (MPEP 716.04) Expert skepticism…
Read MoreAre expert affidavits sufficient to establish enablement in patent applications?
Expert affidavits alone are generally not sufficient to establish enablement in patent applications. The MPEP 716.09 provides guidance on this issue: Affidavits or declarations presented to show that the disclosure of an application is sufficient to one skilled in the art are not acceptable to establish facts which the specification itself should recite. The MPEP…
Read MoreHow does ‘excusable interruption’ affect diligence in patent applications?
‘Excusable interruption’ is an important concept related to diligence in patent applications. According to MPEP 715.07(a), certain interruptions in the inventor’s work towards reducing the invention to practice may be excused and not count against their diligence. The MPEP states: ‘Reasonable diligence is not interrupted by periods during which ‘the inventor’s efforts were not continuous…
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