When were public use proceedings discontinued by the USPTO?
Public use proceedings were discontinued by the United States Patent and Trademark Office (USPTO) on September 16, 2012. The MPEP clearly states: Effective September 16, 2012, former 37 CFR. 1.292 authorizing petitions seeking institution of public use proceedings was removed from title 37. This change was part of broader reforms to the U.S. patent system…
Read MoreHow do the filing date requirements differ for applications filed before December 18, 2013?
The filing date requirements for applications filed before December 18, 2013, were more stringent compared to those filed after this date due to the implementation of the Patent Law Treaties Implementation Act (PLTIA). The MPEP states: For applications filed under pre-PLT (AIA) 35 U.S.C. 111 prior to December 18, 2013, a filing date is assigned…
Read MoreWhat changes were introduced by the Patent Law Treaties Implementation Act of 2012 (PLTIA) regarding filing date requirements?
The Patent Law Treaties Implementation Act of 2012 (PLTIA) introduced significant changes to the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a). The MPEP states: Effective December 18, 2013, the Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the patent laws to implement the provisions of the Patent Law Treaty in…
Read MoreHow often is the Manual of Patent Examining Procedure (MPEP) updated?
The Manual of Patent Examining Procedure (MPEP) is regularly updated to reflect changes in patent laws, rules, and procedures. According to MPEP 101: The Manual is updated periodically to include changes in patent laws and rules and also changes in Patent and Trademark Office procedures. While the MPEP doesn’t specify an exact frequency for updates,…
Read MoreHow does the filing date affect assignee prosecution rights?
The filing date of a patent application can affect the prosecution rights of assignees. MPEP 106.01 distinguishes between applications filed before and after September 16, 2012: For applications filed before September 16, 2012: See MPEP § 324 for information on prosecution by the assignee. For applications filed on or after September 16, 2012: See MPEP…
Read MoreWhat are the potential risks or drawbacks of filing a continuation-in-part application?
Filing a continuation-in-part (CIP) application can present several risks and potential drawbacks: 1. Different Effective Filing Dates: New matter in the CIP only gets the benefit of the CIP filing date, potentially exposing those claims to more prior art. 2. Reduced Patent Term: The patent term is measured from the filing date of the earliest…
Read MoreWhat are the requirements for claiming benefit of a prior-filed application in a continuation or continuation-in-part application?
To claim the benefit of a prior-filed application in a continuation or continuation-in-part application, several requirements must be met: 1. The application must be filed before the patenting, abandonment, or termination of proceedings on the prior application. 2. The application must contain or be amended to contain a specific reference to the prior application. For…
Read MoreWhat changes did the Patent Law Treaties Implementation Act (PLTIA) introduce?
The Patent Law Treaties Implementation Act (PLTIA) of 2012 introduced several important changes to US patent law, particularly regarding priority claims and international applications. Key changes include: Restoration of the right of priority to a foreign application or the benefit of a provisional application in certain cases Ability to file international design applications Ability to…
Read MoreHow is the enforceability of patent arbitration awards determined?
The enforceability of patent arbitration awards is contingent upon proper notice being filed with the USPTO. According to 35 U.S.C. 294(e) and 37 CFR 1.335(c): ‘The award shall be unenforceable until the notice required by subsection (d) is received by the Director.’ This means that until the proper notice of the arbitration award is filed…
Read MoreWhat is the difference between a suspended and an excluded patent practitioner?
While both suspended and excluded patent practitioners are prohibited from practicing before the USPTO, there are differences in the nature and duration of the prohibition: Suspended practitioner: Temporarily prohibited from practicing before the USPTO for a specific period. Excluded practitioner: Permanently prohibited from practicing before the USPTO, unless later reinstated. The MPEP § 407 uses…
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