What is the difference between applicant-requested and examiner-initiated suspension of action?
What is the difference between applicant-requested and examiner-initiated suspension of action? There are key differences between applicant-requested and examiner-initiated suspensions of action in patent applications: Applicant-requested suspension: Initiated by the applicant under 37 CFR 1.103(a), (b), (c), or (d). Requires a showing of good and sufficient cause and often a petition fee. Examiner-initiated suspension: Initiated…
Read MoreWhat is abandonment of a patent application?
Abandonment of a patent application refers to the removal of an application from the Office docket of pending applications. According to MPEP 711, abandonment can occur in two ways: Under 37 CFR 1.135, for failure to reply within the specified time period Under 37 CFR 1.138, through express abandonment It’s important to note that this…
Read MoreWhat are the restrictions on recording interviews with USPTO examiners?
What are the restrictions on recording interviews with USPTO examiners? The USPTO has specific guidelines regarding the recording of interviews with patent examiners. According to MPEP 713.08: ‘Recording of interviews is prohibited except as authorized by the Director of the USPTO upon a showing of good cause.’ This means that, in general, recording of interviews…
Read MoreHow is a change in inventor’s residence handled in patent applications?
Changes in an inventor’s residence are not automatically updated in patent applications. The MPEP 719.02 states: Unless specifically requested by applicant, the residence(s) associated with the inventor(s) will not be changed. For example, if a new oath gives a different residence from the original, the file will not be changed. To update the residence information,…
Read MoreWhat is the time frame for conducting interviews after final rejection?
Interviews after final rejection can be conducted within a specific time frame. According to MPEP 713.09: Interviews may be held after the expiration of the shortened statutory period and prior to the maximum permitted statutory period of 6 months without an extension of time. This means that applicants have a window between the end of…
Read MoreWhat is the time limit for filing a petition to withdraw the holding of abandonment?
Generally, a petition to withdraw the holding of abandonment should be filed within two months of the mail date of the notice of abandonment. However, there are exceptions: If filed later, the petition may be dismissed as untimely under 37 CFR 1.181(f) The USPTO may require a terminal disclaimer for untimely petitions in certain cases…
Read MoreCan a suspension of action be requested after a final Office action?
Can a suspension of action be requested after a final Office action? Generally, a suspension of action is not granted after a final Office action. According to MPEP 709: “A request for suspension of action to provide time for consideration of an amendment after a final Office action will be denied.” However, there are exceptions:…
Read MoreWhat is a supplemental action in patent examination?
A supplemental action is a follow-up action taken by a patent examiner when an amendment is filed on or before the mailing date of the regular action but reaches the Technology Center later. According to MPEP 714.05: “A supplemental action may be necessary when an amendment is filed on or before the mailing date of…
Read MoreWhat are the criteria for a patent application to be made special due to the applicant’s age?
What are the criteria for a patent application to be made special due to the applicant’s age? According to MPEP 708.01, an application may be made special based on the applicant’s age if: The applicant is 65 years of age or older, or The applicant is in poor health and fears they may not survive…
Read MoreWhat are the requirements for amendments after notice of allowance under 37 CFR 1.312?
What are the requirements for amendments after notice of allowance under 37 CFR 1.312? Amendments after notice of allowance under 37 CFR 1.312 must meet specific requirements: They must be filed before or with payment of the issue fee They cannot affect the scope of the claims or require substantial additional examination They are typically…
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