Can a power of attorney be revoked by telephone or email?
The revocation of a power of attorney must be done in writing and cannot be accomplished through informal means such as telephone or email. The MPEP 402.05 states: A power of attorney may not be revoked by a telephone call. While this quote specifically mentions telephone calls, the same principle applies to emails or other…
Read MoreWhen is a separate written request required for retrieving foreign applications under PDX?
A separate written request is required in specific situations, as outlined in MPEP 215.01: A separate written request may be used when the applicant wishes the Office to retrieve a foreign application from a foreign intellectual property office that becomes a participating foreign intellectual property office after the foreign priority has been claimed, so long…
Read MoreWhat are the time limits for filing an interim copy of a foreign application?
The time limits for filing an interim copy of a foreign application are specified in 37 CFR 1.55(j). According to the MPEP: 37 CFR 1.55(j) also provides that the interim copy of the foreign application and cover sheet must be filed within the later of sixteen months from the filing date of the prior foreign…
Read MoreAre Information Disclosure Statements allowed in provisional patent applications?
No, Information Disclosure Statements (IDSs) are not permitted in provisional patent applications. The MPEP clearly states: Information Disclosure Statements (IDSs) are not permitted in provisional applications filed under 35 U.S.C. 111(b). See 37 CFR 1.51(d). The reason for this is that provisional applications do not undergo substantive examination. As the MPEP explains: Since no substantive…
Read MoreDoes filing an interim copy replace the need for a certified copy of the foreign application?
No, filing an interim copy does not replace the need for a certified copy of the foreign application. While an interim copy satisfies the timeliness requirement, a certified copy is still required. The MPEP clarifies this point: Thus, providing an interim copy of a foreign application under 37 CFR 1.55(j) satisfies the requirement for a…
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