What is Form PTO-326 and how is it used in patent examination?
Form PTO-326, also known as the ‘Office Action Summary’, is a document used by patent examiners to summarize the status of all claims presented for examination. MPEP 707.07(i) states: Each action should include a summary of the status of all claims presented for examination. Form PTO-326 ‘Office Action Summary’ should be used. This form provides…
Read MoreWhat form paragraphs should examiners use when responding to applicant’s arguments?
Examiners have several form paragraphs available to respond to applicant’s arguments, depending on the situation. According to MPEP 707.07(f): Form paragraphs 7.37 through 7.37.13 may be used where applicant’s arguments are not persuasive. Form paragraphs 7.38 through 7.38.02 may be used where applicant’s arguments are moot or persuasive. These form paragraphs cover various scenarios, such…
Read MoreWhat are form paragraphs in the context of requirements for information?
Form paragraphs are pre-written text segments used by patent examiners to standardize and streamline the process of creating requirements for information. The MPEP provides specific form paragraphs for various aspects of the requirement, including: The heading of the requirement (Form Paragraph 7.105) Specific types of information requests (e.g., Form Paragraphs 7.106 – 7.121) Concluding paragraphs…
Read MoreWhat form paragraph should an examiner use when withdrawing the finality of a rejection?
When withdrawing the finality of a rejection, an examiner should use Form Paragraph 7.42. The MPEP 706.07(d) provides the specific language for this form paragraph: “7.42 Withdrawal of Finality of Last Office ActionApplicant’s request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that…
Read MoreWhat is Form Paragraph 7.104 in patent examination requirements?
Form Paragraph 7.104 is a standardized warning statement used in patent examination requirements for information. According to MPEP 704.14(a), this paragraph should be included in every requirement for information. The exact text of Form Paragraph 7.104 is: The reply to this requirement must be submitted within the time period set forth in the requirement. Failure…
Read MoreWhat form paragraph can be used for a bona fide incomplete reply?
For a bona fide incomplete reply, examiners can use form paragraph 7.95. The MPEP states: “Where the reply is a bona fide reply, form paragraph 7.95 may be used.” Form paragraph 7.95 is titled “Bona Fide, Non-Responsive Amendments” and provides a template for examiners to communicate with applicants about incomplete responses while giving them an…
Read MoreWhat is Form Paragraph 7.91 used for in patent examination?
Form Paragraph 7.91 is a standardized text used by patent examiners to notify applicants that their reply is not fully responsive to a prior Office action. As described in MPEP 711.02(a), this paragraph is titled “Reply Is Not Fully Responsive, Extension of Time Suggested” and serves several purposes: It informs the applicant that their reply…
Read MoreWhat is form paragraph 7.86 used for in patent examination?
Form paragraph 7.86 is used by patent examiners to notify applicants about the partial entry of an amendment under 37 CFR 1.312. The MPEP provides the following template for this form paragraph: “The amendment filed on [1] under 37 CFR 1.312 has been entered-in-part. [2]” In this template, [1] represents the date the amendment was…
Read MoreWhat is Form Paragraph 7.50 and when is it used in patent examination?
Form Paragraph 7.50 is a specific tool used by patent examiners when rejecting a previously allowed claim. According to MPEP 706.04, this form paragraph is used to: “The indicated allowability of claim [1] is withdrawn in view of the newly discovered reference(s) to [2]. Rejection(s) based on the newly cited reference(s) follow.” Key points about…
Read MoreCan a patent examiner request information about related foreign applications?
Can a patent examiner request information about related foreign applications? Yes, a patent examiner can request information about related foreign applications. The Manual of Patent Examining Procedure (MPEP) 704.11 states: ‘Copies of any non-patent literature, published application, or patent (U.S. or foreign) which has been relied upon to draft the claims or cited in the…
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