What happens if required information under 37 CFR 1.105 is not known or readily available?
What happens if required information under 37 CFR 1.105 is not known or readily available? If the information required under 37 CFR 1.105 is not known to any individual designated in 37 CFR 1.56(c) and is not readily available to the applicant, a petition can be filed. The MPEP 704.14(c) states: If information required to…
Read MoreWhat are the grounds for petitioning a requirement under 37 CFR 1.105?
What are the grounds for petitioning a requirement under 37 CFR 1.105? Petitions to requirements under 37 CFR 1.105 can be filed on the following grounds: Relevance: The requirement is not relevant to the examination of the application. Proprietary information: The required information is trade secret, proprietary, or subject to a protective order. Undue burden:…
Read MoreHow does the USPTO handle petitions challenging the appropriateness of 37 CFR 1.105 requirements?
How does the USPTO handle petitions challenging the appropriateness of 37 CFR 1.105 requirements? The USPTO handles petitions challenging the appropriateness of 37 CFR 1.105 requirements based on the stage of prosecution. According to MPEP 704.14(c): If the petition argues that the requirement is not appropriate for the stage of prosecution that the application was…
Read MoreHow does the USPTO handle petitions against 37 CFR 1.105 requirements?
The USPTO has a specific process for handling petitions against requirements under 37 CFR 1.105, as described in MPEP 704.14(c): The petition is reviewed by the Technology Center (TC) Director. If the TC Director agrees that the requirement was improper, they will withdraw the requirement. If the TC Director disagrees, they will deny the petition.…
Read MoreWhat does 37 CFR 1.181 say about examiner statements on petitions?
37 CFR 1.181 provides guidance on examiner statements related to petitions. According to MPEP 711.03(d): 37 CFR 1.181 states that the examiner ‘may be directed by the Director to furnish a written statement, within a specific time, setting forth the reasons for his or her decision upon the matters averred in the petition, supplying a…
Read MoreCan an applicant or assignee prevent the inventor from accessing the patent application file?
Yes, the applicant or assignee of record of the entire interest in an application can make a specific request to prevent the inventor from obtaining access to the application file. This request should be filed as a separate paper under 37 CFR 1.4(c) and directed to the Office of Petitions. If granted, the inventor will…
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