What are linking claims in patent applications?
Linking claims are special claims in patent applications that link inventions in different categories. According to MPEP 809: “Linking claims and the inventions they link together are usually either all directed to products or all directed to processes (i.e., a product claim linking properly divisible product inventions, or a process claim linking properly divisible process…
Read MoreWhat classification system is used for utility patents and applications?
Utility patents, applications, and patent application publications are classified under the Cooperative Patent Classification (CPC) system. As stated in MPEP 903: “Utility patents, applications, and patent application publications receive a classification designation under the Cooperative Patent Classification (CPC) system.” The CPC system is a joint classification system developed by the European Patent Office (EPO) and…
Read MoreWhat is the USPTO’s current policy on nucleotide sequences in patent applications?
The USPTO’s current policy on nucleotide sequences in patent applications is based on the 2007 Official Gazette notice, which rescinded the 1996 waiver that allowed multiple nucleotide sequences in a single application. According to MPEP 803.04: “In 2007, the Commissioner for Patents rescinded the waiver. See Examination of Patent Applications Containing Nucleotide Sequences, 1316 OG…
Read MoreWhat types of matters are delegated to the Office of Petitions in the USPTO?
The Office of Petitions in the USPTO is responsible for a wide range of administrative matters. According to MPEP 1002.01, these include: Petitions to revive abandoned applications Petitions to accept delayed payment of issue fees Requests for expedited examination of design applications Petitions to make patent applications special Petitions for express abandonment to avoid publication…
Read MoreHow does the USPTO handle inappropriate third-party inquiries or submissions in patent applications?
The USPTO has strict guidelines for handling inappropriate third-party inquiries or submissions: Any submission not complying with 37 CFR 1.290 or 37 CFR 1.291 will not be entered into the application file and will be discarded. Office personnel are instructed not to reply to or act upon third-party inquiries or submissions, except those complying with…
Read MoreWhat forms are available for express abandonment to avoid publication?
The USPTO provides two forms for express abandonment to avoid publication: Form PTO/AIA/24A: For applications filed on or after September 16, 2012 Form PTO/SB/24A: For applications filed before September 16, 2012 Both forms are used for “Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)“. These forms can be found on the USPTO…
Read MoreWhat are the restrictions on USPTO employees regarding patent applications?
What are the restrictions on USPTO employees regarding patent applications? USPTO employees are subject to specific restrictions regarding patent applications: They cannot prosecute or aid in the prosecution of a patent application, except to perform official duties. They are prohibited from acquiring, directly or indirectly, any rights or interest in any patent application. These restrictions…
Read MoreCan a current USPTO employee be named as an inventor on a patent application?
While current USPTO employees can be named as inventors on patent applications, there are significant restrictions and implications. According to MPEP 1702: “An Office employee or officer who is named as an inventor in a patent application will be presumed (1) to be legally incapable of signing the inventor’s oath or declaration pursuant to 35…
Read MoreWhat is the USPTO’s automated data management system for patent applications?
The USPTO maintains an automated data management system for retrieving and updating computer records of patent applications. This system allows for: Online retrieval and updating of application data Display of examiner time, activity, and docket records Tracking of technical support staff backlog As stated in the MPEP: “The USPTO maintains an automated data management system…
Read MoreHow does unity of invention differ from restriction practice?
Unity of invention and restriction practice are distinct concepts applied to different types of patent applications: Unity of invention applies to international applications (both Chapter I and II) and national stage applications submitted under 35 U.S.C. 371. Restriction practice, as outlined in 37 CFR 1.141 – 1.146, applies to U.S. national applications filed under 35…
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