What is the time frame for examination under prioritized examination?
The goal of prioritized examination is to provide a final disposition within 12 months, on average, from the date prioritized status is granted. The MPEP defines final disposition as: The final disposition for the twelve-month goal means that within twelve months from the date prioritized status has been granted that one of the following occur:…
Read MoreHow does prioritized examination affect the examination timeline?
Prioritized examination significantly expedites the patent examination process. According to the MPEP, The goal of the Office is to provide a final disposition within twelve months, on average, of the date that prioritized status was granted. A final disposition may include: Mailing of a notice of allowance Mailing of a final Office action Filing of…
Read MoreWhat is the role of a primary examiner in patentability reports?
The primary examiner plays a crucial role in coordinating and overseeing the preparation of patentability reports. According to MPEP 705, “The primary examiner having jurisdiction of the application initiates a request for a patentability report using form PTO-1323.” The primary examiner is responsible for: Identifying the need for a patentability report Initiating the request for…
Read MoreHow should patent examiners approach the examination process?
Patent examiners should approach the examination process with a thorough and balanced perspective. The MPEP provides the following guidance: Read and understand the claimed invention Conduct a prior art search Review and analyze the application in conjunction with the state of the prior art Determine if the claims meet all patentability requirements Clearly articulate any…
Read MoreWhat constitutes a new ground of rejection in patent examination?
While MPEP 706.07(e) discusses the withdrawal of final rejections to apply new grounds of rejection, it refers to MPEP § 1207.03 for a detailed discussion of what constitutes a new ground of rejection. The manual states: “See MPEP § 1207.03 for a discussion of what may constitute a new ground of rejection.” Generally, a new…
Read More