What are the time periods for replying to a requirement for information under 37 CFR 1.105?
The time periods for replying to a requirement for information under 37 CFR 1.105 are governed by 37 CFR 1.135 and 1.136. As stated in MPEP § 704.13: Requirements for information under 37 CFR 1.105 made without an action on the merits should set a shortened statutory period of two months for reply. Applicant may…
Read MoreWhat is the time period given to respond to a notice of incomplete reply?
When an examiner issues a notice of incomplete reply using form paragraph 7.95, the applicant is typically given a shortened statutory period of TWO (2) MONTHS to respond. The form paragraph states: “Since the above-mentioned reply appears to be bona fide, applicant is given a shortened statutory period of TWO (2) MONTHS from the mailing…
Read MoreWhat is the time period for reply to a final rejection in patent examination?
The time period for reply to a final rejection in patent examination is typically three months from the mailing date of the final action, with possible extensions. Specifically: The shortened statutory period is set to expire THREE MONTHS from the mailing date of the final action. Extensions of time may be obtained under 37 CFR…
Read MoreHow does the time period for replying to a Notice to File Missing Parts differ from other statutory periods?
The time period for replying to a Notice to File Missing Parts of an Application is treated differently from other statutory periods. The MPEP states: The 2-month time period for reply to A Notice to File Missing Parts of an Application is not identified on the Notice as a statutory period subject to 35 U.S.C.…
Read MoreWhat are the time limits for responding to a requirement for information in patent examination?
The time limits for responding to a requirement for information in patent examination are specified in MPEP 704.14(a). According to this section: The Office of Petitions has indicated that the period for reply to a requirement for information under 37 CFR 1.105 is set by the examiner, and can vary depending on the circumstances and…
Read MoreWhat is the standard time for reply to a final rejection?
The standard time for reply to a final rejection is typically a 3-month shortened statutory period (SSP). However, the MPEP states that “All final rejections setting a 3-month shortened statutory period (SSP) for reply should contain one of form paragraphs 7.39, 7.40, 7.40.01, 7.40.02.fti, 7.40.02.aia, 7.41, 7.41.03, 7.42.03.fti, 7.42.031.fti, or 7.42.09 advising applicant that if…
Read MoreWhat is the threshold for requiring information under 37 CFR 1.105?
The threshold for requiring information under 37 CFR 1.105 is based on ‘reasonable necessity’ for the examination of the application. The MPEP clarifies: “This threshold is substantially higher than that for requiring information under 37 CFR 1.105, which is reasonable necessity to the examination of the application.” This means that an examiner may request information…
Read MoreWhat is the ‘three-month shortened statutory period’ in patent examination?
The ‘three-month shortened statutory period’ refers to the time frame given to applicants to respond to a final rejection in patent examination. According to MPEP 706.07, ‘The Office action will set a shortened statutory period for reply to a final rejection, which is typically three months.’ This period allows applicants to: File a reply under…
Read MoreWhat is the role of Technology Center Directors in the patent examination process?
Technology Center Directors play a crucial role in the patent examination process, particularly in reviewing certain decisions made by examiners. According to MPEP 715.08: Such petitions are answered by the Technology Center Directors (MPEP § 1002.02(c)). Specifically, Technology Center Directors are responsible for answering petitions filed under 37 CFR 1.181 that review an examiner’s decision…
Read MoreWhen is Technology Center Director approval required for rejecting claims copied from a patent?
Technology Center Director approval is required when rejecting claims copied from a patent if the ground of rejection is also applicable to the corresponding claims in the patent. MPEP 706.06 states: “If the ground of rejection is also applicable to the corresponding claims in the patent, any Office action including the rejection must have the…
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