How does the USPTO determine if a delay in filing a petition was unintentional?
How does the USPTO determine if a delay in filing a petition was unintentional? The USPTO considers the entire delay in filing a petition to revive an abandoned application as unintentional if the delay was not intentional. The MPEP section 711.03(c) provides guidance on this: The USPTO requires additional information concerning whether a delay in…
Read MoreHow does the USPTO determine if a delay in filing a petition was unintentional?
How does the USPTO determine if a delay in filing a petition was unintentional? The USPTO considers the entire delay in filing a petition to revive an abandoned application as unintentional if the delay was not the result of a deliberate choice. The MPEP states: The Director may require additional information where there is a…
Read MoreWhat should I do if an inventor is unavailable to sign an affidavit or declaration under 37 CFR 1.131(a)?
If an inventor is unavailable to sign an affidavit or declaration under 37 CFR 1.131(a), the procedure depends on the application filing date: For applications filed before September 16, 2012: The remaining joint inventors can sign the affidavit or declaration. A petition under 37 CFR 1.183 requesting waiver of the unavailable inventor’s signature must be…
Read MoreCan an abandoned application be revived if the delay was unintentional?
Can an abandoned application be revived if the delay was unintentional? Yes, an abandoned application can be revived if the delay in responding was unintentional. The MPEP 711.02(b) states: “A petition to revive an abandoned application on the grounds that the delay was unintentional (37 CFR 1.137) may be filed even if the applicant did…
Read MoreWhat should I do if there’s a discrepancy between the USPTO filing date and the USPS ‘date accepted’?
If there’s a discrepancy between the filing date accorded by the USPTO and the ‘date accepted’ on the Priority Mail Express® mailing label, you can petition the Director under 37 CFR 1.10(c). The petition should: Be filed promptly after becoming aware of the discrepancy Include evidence that the Priority Mail Express® mailing label number was…
Read MoreCan protected material be redacted if found material to patentability in a reissue application?
Yes, it is possible to redact protected material found to be material to patentability in a reissue application. The process involves: Identifying the protected material within the submission that is material to patentability. Creating a redacted version that removes the protected information while retaining the important material. Submitting the redacted version to the Office along…
Read MoreWhat is a petition to withdraw holding of abandonment?
A petition to withdraw holding of abandonment is a formal request made to the USPTO when an applicant believes their patent application has been incorrectly declared abandoned. This petition is filed under 37 CFR 1.181 and does not require a fee. According to the MPEP 711.03(c): Where an applicant contends that the application is not…
Read MoreWhat is a petition to withdraw holding of abandonment?
What is a petition to withdraw holding of abandonment? A petition to withdraw holding of abandonment is a formal request submitted to the USPTO when an applicant believes their patent application was incorrectly deemed abandoned. This petition is filed under 37 CFR 1.181 and does not require a fee. According to MPEP 711.03(c): ‘Where an…
Read MoreWhat is the time limit for filing a petition under 37 CFR 1.181 to a requirement for information?
According to MPEP 704.14(c), a petition under 37 CFR 1.181 to a requirement for information must be filed within two months of the mailing date of the Office action that required the information, regardless of the time period for reply to the Office action. The MPEP states: ‘A petition under 37 CFR 1.181 to a…
Read MoreDoes filing a petition stop the time period for replying to a 37 CFR 1.105 requirement?
No, filing a petition does not stop the time period for replying to a 37 CFR 1.105 requirement. The MPEP clearly states: “However, a petition is not a reply to a 37 CFR 1.105 requirement. The time period for the applicant to reply to the 37 CFR 1.105 requirement continues to run, even where a…
Read More