What is the difference in handling protests for original and reissue applications?
The main difference in handling protests for original and reissue applications lies in their accessibility to the public. MPEP 1901.05 outlines this distinction: Original applications: These are kept confidential unless published or made available under specific conditions. Reissue applications: As stated in the MPEP, “Reissue applications filed on, or after, March 1, 1977 are pursuant…
Read MoreWhat is considered ex parte communication in patent protests?
Ex parte communication in the context of patent protests refers to any one-sided or private communication between a protestor and USPTO personnel regarding substantive matters of a patent application. The MPEP Section 1907 provides guidance on this issue: “Office personnel must exercise care to ensure that substantive matters relating to the application are not discussed…
Read MoreWhat is the two-month delay period for reissue applications?
The two-month delay period is a time frame during which the U.S. Patent and Trademark Office (USPTO) generally refrains from acting on a reissue application. This period begins after the announcement of the reissue application filing has appeared in the Official Gazette. As stated in MPEP § 1441: Generally, a reissue application will not be…
Read MoreHow can the public submit information about a reissue application during the two-month delay period?
During the two-month delay period, members of the public can submit pertinent information about a reissue application to the USPTO. According to MPEP § 1441: The pertinent information is submitted in the form of a protest under 37 CFR 1.291(a). To submit a protest, follow the guidelines in MPEP § 1441.01, which specifically discusses protests…
Read MoreHow are protests against patent issuance handled by Technology Center Directors?
Technology Center Directors play a crucial role in handling protests filed against the issuance of a patent. According to MPEP 1003, “Protests filed against issuance of a patent” are among the matters submitted to Technology Center Directors. For more detailed information on the protest procedure, refer to MPEP 1901. The specific handling of protests by…
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