How are corrections to factual information handled in Supplemental Examination?

When a supplemental examination request includes an item of information limited to the correction of factual information, it should also include one or more additional items of information that potentially provide evidence that the patentability of the claims depends upon the factual information to be corrected. The MPEP provides an example: The request includes a…

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What happens if new drawing sheets are not timely filed in response to a Quayle action during reexamination?

If new drawing sheets are not timely filed in response to a Quayle action during reexamination, the reexamination certificate will be issued without incorporating the proposed changes. The MPEP states: “If the new sheets of drawings are not timely filed in response to the Quayle action, the reexamination certificate will be issued with drawings that…

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What happens if a requester fails to remedy defects in an ex parte reexamination request?

If a requester fails to remedy defects in an ex parte reexamination request after receiving a notice of non-compliance, the request will not be granted a filing date. The MPEP 2227 states: “If after receiving a ‘Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements,’ the requester does not remedy the defects…

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Are the forms mentioned in MPEP 2595 mandatory for maintenance fee submissions?

While the forms mentioned in MPEP 2595 are recommended, they are not strictly mandatory. The MPEP uses the word “suggested” when referring to these forms: “The following forms are suggested when submitting a maintenance fee or establishing a fee address for maintenance fee purposes.” However, using these official forms is highly recommended as they ensure…

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How can a depository apply for recognition by the USPTO?

A depository seeking recognition by the USPTO must follow the procedure outlined in 37 CFR 1.803(b). The depository must send a communication to the Commissioner that includes: The name and address of the depository Detailed information about its capacity to comply with the requirements A statement of intent to be available for deposits under the…

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