How does changing the correspondence address affect power of attorney in patent cases?

Changing the correspondence address in a patent case does not automatically affect the power of attorney. Key points to note: A change of correspondence address does not revoke an existing power of attorney The attorney of record can change the correspondence address Applicants can file a separate request to change the address without affecting the…

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How can I revive an abandoned patent application?

To revive an abandoned patent application, you need to file a petition under 37 CFR 1.137. According to MPEP 1002.02(b), the Deputy Commissioner who oversees the Office of Petitions or assigned staff handles: Petitions to revive an abandoned national, nonprovisional or provisional patent application on the basis of unintentional delay, 37 CFR 1.137 and MPEP…

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How can I request prioritized examination for my patent application?

Prioritized examination is a way to expedite the patent examination process. According to MPEP 1002.02(b), requests for prioritized examination are handled by the Deputy Commissioner who oversees the Office of Petitions or assigned staff: Requests for prioritized examination under 37 CFR 1.102(e), MPEP § 708.02(b) To request prioritized examination: File the request at the time…

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How can I petition for a retroactive foreign filing license?

If you need a retroactive foreign filing license for a patent application filed abroad without first obtaining a foreign filing license, you can petition the USPTO. According to MPEP 1002.02(b): Petitions for retroactive foreign filing license under 37 CFR 5.25, MPEP § 140, subsection II. To petition for a retroactive foreign filing license: File the…

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What is the difference between MPEP and TMEP?

The Manual of Patent Examining Procedure (MPEP) and the Trademark Manual of Examining Procedure (TMEP) are separate guides for different intellectual property rights. The MPEP covers patent-related procedures, while the TMEP focuses on trademark procedures. This distinction is evident in MPEP 1002.02(i), which redirects trademark-specific information to the TMEP: “Petitions relating to Trademarks are covered…

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How does MPEP 1308.02 relate to MPEP Chapter 2300?

MPEP 1308.02 serves as a brief reference point that directs readers to MPEP Chapter 2300 for more detailed information. The section states: “For the procedure to be followed, see MPEP Chapter 2300.” This means that while MPEP 1308.02 introduces the concept of withdrawing a patent application from issue due to interference or derivation proceedings, it…

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What types of petitions are decided by the Deputy Commissioner who oversees the Office of Petitions?

The Deputy Commissioner who oversees the Office of Petitions or assigned staff in the Office of Petitions, the Office of Patent Legal Administration, and the MPEP Staff Office decide on various types of petitions, including: Petitions to revive abandoned applications Petitions for waiver or suspension of rules Petitions to invoke supervisory authority Petitions for unintentionally…

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What is the difference between statutory and specified time periods in patent procedures?

In patent procedures, there are two main types of time periods: statutory and specified. MPEP 710.02(c) distinguishes between these: Statutory time periods are set by law (statute) and cannot be changed by the USPTO. For example, the 6-month statutory period for responding to an Office action under 35 U.S.C. 133. Specified time periods are set…

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Can the USPTO record a non-English assignment document without a translation?

No, the USPTO cannot record a non-English assignment document without an accompanying English translation. MPEP 302.02 clearly states: The assignment document, if not in the English language, will not be recorded unless accompanied by an English translation signed by the translator. This policy ensures that all recorded documents are accessible and understandable to USPTO examiners…

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