How does attorney withdrawal affect pending patent applications?
How does attorney withdrawal affect pending patent applications? When an attorney withdraws from representation in a pending patent application, it can have several implications: The applicant becomes responsible for prosecuting the application. Official correspondence will be sent directly to the applicant. Deadlines and response periods remain in effect. The applicant may need to find new…
Read MoreHow should pending U.S. patent applications be listed in an IDS?
How should pending U.S. patent applications be listed in an IDS? When listing pending U.S. patent applications in an Information Disclosure Statement (IDS), applicants must provide specific information to ensure proper identification. According to MPEP 609.04(a): “Each U.S. application listed in an information disclosure statement must be identified by the inventor, application number, and filing…
Read MoreWhat happens to pending patent applications when a patent practitioner dies?
When a patent practitioner dies, the MPEP 406 outlines the following procedure: The Office will notify the applicant of the death of the practitioner. The applicant must appoint a new registered patent practitioner or file a change of correspondence address. This must be done within the time period set in the notice, which is usually…
Read MoreWhat happens to pending patent applications when a practitioner is suspended or excluded?
What happens to pending patent applications when a practitioner is suspended or excluded? When a patent practitioner is suspended or excluded, the Office of Enrollment and Discipline (OED) Director must review all pending patent applications to determine if immediate action is necessary. According to MPEP 407: “The OED Director will review all pending applications, in…
Read MoreWhat limited recognition is granted to suspended or excluded practitioners?
What limited recognition is granted to suspended or excluded practitioners? Suspended or excluded practitioners are granted limited recognition to handle specific tasks related to pending applications. According to MPEP 407: “The suspended or excluded practitioner will be granted limited recognition for a period of thirty (30) days, during which time the practitioner may conclude work…
Read MoreWho can grant access to inspect a pending or abandoned patent application filed on or after September 16, 2012?
For applications filed on or after September 16, 2012, the following parties can provide written authority to grant access to inspect a pending or abandoned application kept in confidence under 35 U.S.C. 122(a), except as provided in 37 CFR 1.11, 1.14, 41.6, or 42.412: The applicant A patent practitioner of record The assignee or an…
Read MoreCan the publication or issue date of a pending patent application be disclosed over the phone?
According to MPEP 101, particular care must be taken when a caller requests the publication date or issue date assigned to a pending patent application: “If the publication or issue date is later than the current date (i.e., the date of the request), such information may be given only to the applicant, an inventor, the…
Read MoreHow can I petition for access to a pending application?
Any interested party may file a petition, accompanied by the petition fee, to the Director for access to an application. The petition may be filed either with proof of service of copy upon the applicant, or the petition may be filed in duplicate, in which case the duplicate copy will be sent by the Office…
Read MoreHow can someone obtain copies of assignment records for pending or abandoned applications?
The process for obtaining copies of assignment records for pending or abandoned applications depends on whether the application is open to the public. The MPEP states: ‘Copies of assignment records relating to pending or abandoned patent applications which are open to the public pursuant to 37 CFR 1.11 or for which copies or access may…
Read MoreCan I access a pending unpublished patent application?
Access to pending unpublished patent applications is generally restricted. However, according to 37 CFR 1.14(a)(1)(v) and (vi), there are some circumstances where a copy of the file contents or the application as originally filed may be provided: If the benefit of the application is claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in…
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