What determines the priority of examination within an examiner’s docket?
Within an examiner’s docket, the primary factor determining examination priority is the effective U.S. filing date. The MPEP states: “Each examiner will give priority to that application in his or her docket, whether amended or new, which has the oldest effective U.S. filing date.” However, there are exceptions to this rule. For example, reissue applications,…
Read MoreHow does the USPTO prioritize international applications in the national stage?
The USPTO has specific guidelines for prioritizing international applications entering the national stage. According to the MPEP: “See 37 CFR 1.496 and MPEP § 1893.03 for the order of examination of international applications in the national stage, including taking up out of order certain national stage applications which have been indicated as satisfying the criteria…
Read MoreWhat does it mean for a patent application to be considered ‘special’?
In the context of patent examination, an application may be designated as ‘special’ under certain circumstances. The MPEP 707.02 provides guidance on this designation for long-pending applications: Any application that has been pending five years or more should be carefully studied by the supervisory patent examiner and every effort should be made to terminate its…
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