What is the role of the Office of Data Management in handling amendments under 37 CFR 1.312?

The Office of Data Management plays a crucial role in handling amendments under 37 CFR 1.312, particularly when preparing a patent for issuance. Their responsibilities include: Discovering errors in text or drawings Identifying inconsistencies between drawings and application papers Requiring appropriate amendments to the specification or drawings Having the authority to waive the requirement of…

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How does the USPTO handle post-allowance and appeal procedures in Accelerated Examination applications?

For post-allowance and appeal procedures in Accelerated Examination applications: The mailing of a notice of allowance or filing of a notice of appeal is considered the final disposition for the 12-month goal Applicants must pay the issue fee within three months of the notice of allowance to avoid abandonment To expedite issuance, applicants should pay…

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What is an ‘allowed’ patent application?

An ‘allowed’ patent application is one that has been examined and determined to meet all statutory requirements. According to MPEP 203.04: An ‘allowed’ nonprovisional application or an application ‘in issue’ is one which has been examined and determined to meet all statutory requirements, and in which a notice of allowance has been sent to the…

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How can a patent be issued to an assignee?

A patent can be issued to an assignee in two main ways: Before paying the issue fee: The assignee can submit a request for issuance in their name along with the issue fee payment. The assignment must be previously recorded or stated to have been filed for recordation. After paying the issue fee: A request…

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