How often is the Official Gazette published and what does it contain?
According to MPEP 1703, “The Official Gazette of the United States Patent and Trademark Office (Official Gazette) is published electronically every Tuesday in two sections, the Official Gazette – Patents and the Official Gazette – Trademarks.“ The contents of each section are as follows: Official Gazette – Patents: Reexamination certificates Reissues Plant patents Utility patents…
Read MoreHow does rescinding a nonpublication request affect patent application publication?
Rescinding a nonpublication request will result in the publication of the patent application. The MPEP 1123 states: “After either a rescission of a nonpublication request or a notice of foreign filing is received by the Office, the Office will enter the rescission or notice of foreign filing into the Office Pre-Examination System to schedule the…
Read MoreHow is the figure for printing in the Official Gazette selected?
The figure for printing in the Official Gazette is selected by the examiner and recorded on the Issue Classification sheet. This selection process follows specific guidelines to ensure the chosen figure is representative of the claimed invention. According to the MPEP: Examiners, when preparing an application for issue, are to record the figure selected for…
Read MoreHow are claims selected for printing in the Official Gazette?
Claims are selected for printing in the Official Gazette based on specific criteria outlined in the MPEP. The examiner records the selected claim number in the “PRINT CLAIM” box on the Issue Classification Sheet. The MPEP provides the following guidelines for claim selection: The broadest claim should be selected. Ordinarily, only one claim per invention…
Read MoreWhat constitutes a material mistake in a patent application publication?
A material mistake in a patent application publication is one that affects the public’s ability to understand the technical disclosure or determine the scope of provisional rights. The MPEP provides specific examples: Omission of claims included in the original specification Exclusion of part of the specification that supports published claims Failure to include originally filed…
Read MoreHow are lengthy tables treated in patent documents and publications?
Lengthy tables (more than 200 consecutive pages or large numbers of tables) submitted as ASCII text files or in certain electronic formats may not be printed in full in patent documents. Instead: They will be published separately on the USPTO website A standardized statement will be inserted in the patent document For patent application publications,…
Read MoreWhat is the role of the International Bureau (IB) in the PCT process?
The International Bureau (IB), operated by the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, plays a central coordinating role in the PCT process. According to the MPEP, The basic functions of the International Bureau (IB) are to maintain the master file of all international applications and to act as the publisher and central coordinating…
Read MoreHow can canceled matter from U.S. patent files be used as prior art?
While canceled matter is not a proper reference as of the filing date, it can still be used as prior art under certain conditions: According to MPEP 901.01: “Matter canceled from the application file wrapper of a U.S. patent or U.S. application publication may be used as prior art as of the patent or publication…
Read MoreWhen did the American Inventors Protection Act (AIPA) come into effect and how did it change patent application publication?
The American Inventors Protection Act (AIPA) was enacted on November 29, 1999, and it significantly changed the publication rules for patent applications. According to MPEP 901.03: “The AIPA amended 35 U.S.C. 122 to provide that, with certain exceptions, applications for patent filed on or after November 29, 2000 shall be published promptly after the expiration…
Read MoreHow does express abandonment affect the publication of a patent application?
Express abandonment can be used to prevent the publication of a patent application if filed in a timely manner. The MPEP 711.01 states: “An applicant may expressly abandon his or her application by filing a written declaration of abandonment identifying the application in the United States Patent and Trademark Office. Express abandonment of the application…
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