How are figure descriptions handled in international design applications?
Figure descriptions in international design applications are not required to be written in any particular format. However, according to MPEP 2920.04(a): “If they do not describe the views of the drawing clearly and accurately, the examiner should object to the unclear and/or inaccurate descriptions and suggest language which provides a clear and accurate description of…
Read MoreWhat fees are associated with correcting inventorship in an international design application?
When correcting inventorship in an international design application, certain fees are required. According to MPEP 2920.01, the following fees apply: Processing fee: “A request to correct or change the inventorship under 37 CFR 1.48(a) … must be accompanied by the processing fee set forth in 37 CFR 1.17(i).” Additional fee for late correction: “A request…
Read MoreHow does the response time in ex parte reexamination differ from regular patent examination?
The response time in ex parte reexamination is generally shorter than in regular patent examination. In ex parte reexamination, MPEP 2263 specifies: “A shortened statutory period of two months will generally be set for filing a response to an Office action in an ex parte reexamination.” In contrast, regular patent examination typically allows a three-month…
Read MoreWhat is the standard response time for an Office action in ex parte reexamination?
The standard response time for an Office action in ex parte reexamination is typically two months. This is specified in MPEP 2263, which states: “A shortened statutory period of two months will generally be set for filing a response to an Office action in an ex parte reexamination.” This shortened period is designed to expedite…
Read MoreCan the response time for an ex parte reexamination Office action be extended?
Yes, the response time for an ex parte reexamination Office action can be extended. According to MPEP 2263: “An extension of time may be requested under 37 CFR 1.550(c).” This means that patent owners or their representatives can file a request for an extension of time if they need additional time to respond to the…
Read MoreWhere should ex parte reexamination requests be mailed?
Ex parte reexamination requests should be mailed to a specific address at the USPTO. According to MPEP 2226, mail related to ex parte reexamination should be marked as follows: “Mail Stop Ex Parte Reexam” This special marking ensures that the mail is directed to the appropriate office for initial processing. It’s important for patent attorneys…
Read MoreWhen is an ex parte reexamination ordered after supplemental examination?
An ex parte reexamination is ordered after supplemental examination when the supplemental examination certificate indicates that a Substantial New Question of patentability (SNQ) is raised. According to MPEP 2818: “If the supplemental examination certificate indicates that a SNQ is raised, ex parte reexamination of the patent will be ordered under 35 U.S.C. 257.” This reexamination…
Read MoreWhat documents are required to correct inventorship in an international design application?
To correct inventorship in an international design application, the following documents are typically required: A request to correct inventorship under 37 CFR 1.48(a) A signed Application Data Sheet (ADS) with the correct inventor information Payment of the required processing fee The MPEP 2920.01 specifies: “A request to correct or change the inventorship under 37 CFR…
Read MoreWhat happens if a depository cannot furnish samples due to jurisdictional restrictions?
When a depository is unable to furnish samples of biological materials to requesters outside its jurisdiction due to certain restrictions, it may be exempt from the requirement to provide a replacement deposit. According to MPEP 2407.05: “The provisions of 37 CFR 1.805(h) indicate that a replacement deposit is not required even though the depository cannot…
Read MoreWhat are the deposit rules mentioned in the MPEP?
The deposit rules referred to in the MPEP are a set of regulations that govern the procedures and conditions for depositing biological materials for patent purposes. Specifically, the MPEP states: “The deposit rules (37 CFR 1.801 – 1.809) set forth examining procedures and conditions of deposit which must be satisfied in the event a deposit…
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