What should be included in a petition for stay of a patent term extension application?
When filing a petition for stay of a patent term extension application, the patent owner should provide detailed reasons why a stay is necessary. MPEP 2765 states: “Therefore, the applicant seeking a stay in the processing of the extension application should provide detailed reasons why a stay is necessary.” The petition should include: A clear…
Read MoreWhat documents are required for a petition to excuse unintentional delay in an international design application?
A petition to excuse unintentional delay in an international design application must be accompanied by several documents and fees as specified in 37 CFR 1.1051(a). The required documents include: A copy of any invitation from the International Bureau setting the missed time limit The required reply (unless previously filed) The petition fee A certified copy…
Read MoreWhat are the requirements for a petition to revive a reexamination proceeding?
A petition to revive a reexamination proceeding must meet specific requirements as outlined in 37 CFR 1.137(b). The MPEP states: “A grantable petition pursuant to this section must be accompanied by: (1) The reply required to the outstanding Office action or notice, unless previously filed; (2) The petition fee as set forth in § 1.17(m);…
Read MoreWhat are the requirements for a petition to correct inventorship during reexamination?
A petition to correct inventorship during reexamination must meet specific requirements as outlined in MPEP 2250.02 and 37 CFR 1.530(l)(1): The petition must be submitted as part of the reexamination proceeding It must satisfy the requirements of 37 CFR 1.324 All parties set forth in § 1.324(b)(1) and (b)(2), including the assignees, must be included…
Read MoreWhat must be included in a derivation proceeding petition?
A petition for a derivation proceeding must contain specific information to be considered by the USPTO. According to MPEP 2310.01, which cites 35 U.S.C. 135(a)(1): “The petition shall set forth with particularity the basis for finding that an individual named in an earlier application as the inventor or a joint inventor derived such invention from…
Read MoreWhat are the requirements for color drawings in design patent applications?
What are the requirements for color drawings in design patent applications? Color drawings can be an essential part of design patent applications when color is a feature of the claimed design. The MPEP 2909.02 provides specific guidance on color drawings: “Color drawings are permitted in design applications. The drawings must be in color if color…
Read MoreWhat is required for a person showing sufficient proprietary interest to be an applicant?
For a person who shows sufficient proprietary interest to be an applicant, they must submit a petition that includes: The fee set forth in 37 CFR 1.17(g) A showing that the person has sufficient proprietary interest in the matter A statement that making the application for patent by this person on behalf of and as…
Read MoreWhat are the requirements for a grantable petition under 37 CFR 1.137(a) for unintentional delay?
What are the requirements for a grantable petition under 37 CFR 1.137(a) for unintentional delay? A grantable petition under 37 CFR 1.137(a) for unintentional delay must meet specific requirements. According to MPEP 711.03(c), these requirements include: The reply required to the outstanding Office action or notice: This could be a response to a non-final Office…
Read MoreWhat is the difference between a petition under 37 CFR 1.137(a) and 37 CFR 1.137(b)?
What is the difference between a petition under 37 CFR 1.137(a) and 37 CFR 1.137(b)? The main difference between petitions under 37 CFR 1.137(a) and 37 CFR 1.137(b) lies in the circumstances of abandonment and the requirements for revival: 37 CFR 1.137(a): For unintentional abandonment. Requires a statement that the entire delay was unintentional. 37…
Read MoreWhat is the difference between a petition under 37 CFR 1.137(a) and 37 CFR 1.137(b)?
What is the difference between a petition under 37 CFR 1.137(a) and 37 CFR 1.137(b)? The main difference between petitions under 37 CFR 1.137(a) and 37 CFR 1.137(b) lies in the circumstances and requirements for revival: 37 CFR 1.137(a): This petition is for unintentional abandonment and requires a statement that the entire delay was unintentional.…
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