What is the procedure for handling amendatory papers that are not entered?
Amendatory papers that are not entered still need to be properly handled and documented. The MPEP 714.21 provides specific guidance: If an amendatory paper is to be retained in the file, even though not entered, it should be given a paper number and listed on the file wrapper with the notation ‘Not Entered.’ This procedure…
Read MoreHow should examiners handle newly discovered references after allowance?
How should examiners handle newly discovered references after allowance? Examiners have specific procedures for handling newly discovered references after a patent application has been allowed. According to MPEP 707.05: ‘Where patents, publications, and other such items of information are submitted by a party (whether the applicant or an independent third party) after the mailing date…
Read MoreHow does an examiner handle new issues raised after final rejection in patent applications?
When new issues are raised after a final rejection in a patent application, the examiner must follow specific procedures as outlined in MPEP 706.07. The MPEP states: “An amendment filed after a final rejection, but before or on the date of filing a Notice of Appeal, may be entered upon or after filing of an…
Read MoreHow should examiners handle multiple dependent claims in patent applications?
How should examiners handle multiple dependent claims in patent applications? When dealing with multiple dependent claims in patent applications, examiners must follow specific guidelines. The MPEP 707.07(i) states: ‘When examining an application with multiple dependent claims, the examiner should make certain that each multiple dependent claim is proper.’ Examiners are instructed to: Ensure that multiple…
Read MoreHow should patent examiners handle new grounds of rejection?
How should patent examiners handle new grounds of rejection? Patent examiners must carefully consider how to handle new grounds of rejection during the examination process. According to MPEP 706: “The examiner should never lose sight of the fact that in every case the applicant is entitled to a full and fair hearing, and that a…
Read MoreHow should examiners handle lengthy citations on the PTO-892 form?
Examiners should follow these steps when dealing with lengthy citations on the PTO-892 form: Confirm that the entire citation appears on the form after completing the OC reference entry. If the citation doesn’t fit within one box, continue it into the next box. Clearly indicate that the citation is being continued into the next box.…
Read MoreHow should examiners handle information submitted beyond the scope of a 37 CFR 1.105 requirement?
When applicants submit information that goes beyond the scope of a 37 CFR 1.105 requirement, examiners have specific guidelines to follow. The MPEP provides clear instruction: “Information that is beyond the scope of a 37 CFR 1.105 requirement, submitted along with information responding to a requirement under 37 CFR 1.105, need not be considered unless…
Read MoreWhat happens if an incorrect citation of a reference is discovered in a patent application?
When an incorrect citation of a reference is discovered in a patent application, the action taken depends on who discovers the error: If discovered by the applicant: The applicant should notify the Office. As stated in MPEP 707.05(g), “Where an error in citation of a reference is brought to the attention of the Office by…
Read MoreHow is an incomplete reply to a 37 CFR 1.105 requirement handled?
An incomplete reply to a 37 CFR 1.105 requirement in a pending application or reexamination proceeding is handled in the same manner as an amendment not fully responsive to a non-final Office action. The MPEP states: “An incomplete reply to a 37 CFR 1.105 requirement in a pending application or reexamination proceeding is handled in…
Read MoreHow should examiners handle improper requests for interviews in patent applications?
How should examiners handle improper requests for interviews in patent applications? Examiners must handle improper requests for interviews in patent applications according to specific guidelines. The MPEP 713.01 states: “An interview should not be granted in the following situations: (A) Prior to the first Office action, except when permitted by supervisory personnel for an applicant…
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