What options are available if an examiner refuses to enter an affidavit as untimely?
If a patent examiner refuses to enter an affidavit or declaration under 37 CFR 1.130 as untimely, the applicant has a specific recourse. According to MPEP 717.01(f): Review of an examiner’s refusal to enter an affidavit as untimely is by petition and not by appeal to the Patent Trial and Appeal Board. In re Deters,…
Read MoreWhat options do applicants have regarding a 37 CFR 1.105 requirement?
Applicants have several options regarding a 37 CFR 1.105 requirement: Comply with the requirement by submitting the requested information Seek to have the requirement withdrawn Seek to have the requirement modified Seek to have information submitted under 37 CFR 1.105 considered The MPEP states: “Applicants who seek to have a requirement under 37 CFR 1.105…
Read MoreWhat are the options when an application is abandoned?
When an application is abandoned, there are two main options: Ask for reconsideration of the holding of abandonment if you disagree that the application is actually abandoned Petition for revival under 37 CFR 1.137 if you agree the application is abandoned As stated in the MPEP: When advised of the abandonment of his or her…
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