When should an examiner search for foreign patents under pre-AIA 35 U.S.C. 102(d)?
An examiner should conduct a search for foreign patents under pre-AIA 35 U.S.C. 102(d) only under specific circumstances. The MPEP provides guidance on this: “The examiner should undertake a search for an issued foreign patent for use as pre-AIA 35 U.S.C. 102(d) prior art only if there is a reasonable possibility that a foreign patent…
Read MoreWhat considerations should examiners and supervisors take into account when deciding to reopen prosecution?
When deciding whether to reopen prosecution or add a new ground of rejection to an examiner’s answer, examiners and their supervisors should consider several factors. According to MPEP 1207.04: “In deciding whether to reopen prosecution or to add a new ground of rejection to an examiner’s answer where proper under MPEP § 1207.03 et seq.,…
Read MoreHow does the USPTO handle applications pending for 5 years or more?
The USPTO has specific guidelines for handling applications that have been pending for an extended period. According to MPEP 707.02: Any application that has been pending five years or more should be carefully studied by the supervisory patent examiner and every effort should be made to terminate its prosecution. In order to accomplish this result,…
Read MoreCan a provisional application be revived after it has been abandoned?
Yes, a provisional application can be revived, but with limitations: A provisional application abandoned for failure to reply to an Office requirement may be revived under 37 CFR 1.137 The revival can only extend the pendency up to 12 months from the filing date of the provisional application After 12 months from its filing date,…
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