What are the consequences of not responding to a notice about an unlocatable file?
The consequences of not responding to a notice about an unlocatable file differ for pending applications and granted patents: For pending applications: According to 37 CFR 1.251(b), failure to comply with one of paragraphs (a)(1), (a)(2), or (a)(3) of this section within the time period set in the notice will result in abandonment of the…
Read MoreWhat are the consequences of improperly claiming small entity status?
What are the consequences of improperly claiming small entity status? Improperly claiming small entity status can have serious consequences. The MPEP 509.03 states: “Improperly and with intent to deceive establishing status as a small entity, or paying fees as a small entity, shall be considered as a fraud practiced or attempted on the Office.” This…
Read MoreWhat are the consequences of not including the Government License Rights statement in a patent application?
Failing to include the Government License Rights statement in a patent application can have serious consequences. While the MPEP 310 does not explicitly state the penalties, the requirement is mandated by law under 35 U.S.C. 202(c)(6). Potential consequences may include: Non-compliance with federal regulations Risk of the patent being unenforceable Potential loss of rights or…
Read MoreHow is an arbitration award enforced in patent cases?
Enforcement of arbitration awards in patent cases requires specific steps as outlined in 35 U.S.C. 294(d) and 37 CFR 1.335. Key points include: The patentee, assignee, or licensee must file a written notice of the award with the USPTO Director. The notice must include details about the patent, parties involved, and a copy of the…
Read MoreWhat are the consequences of failing to respond to a 37 CFR 1.251 notice?
The consequences of failing to respond to a 37 CFR 1.251 notice differ for pending applications and granted patents: For pending applications: Failure to reply within the set time period will result in abandonment of the application. MPEP 508.04 cites 37 CFR 1.251(b): “With regard to a pending application, failure to comply with one of…
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