What is the process for reviewing new matter objections or rejections?
The process for reviewing new matter objections or rejections can vary depending on the specific circumstances. According to MPEP 2163.06: Typically, an objection is petitionable, while a rejection is appealable. However, when the objection is “determinative of the rejection,” such as when the examiner has indicated that the disclosure contains new matter, the issue may…
Read MoreHow are petitions handled in a supplemental examination proceeding?
MPEP 2813 addresses the handling of petitions in supplemental examination proceedings. According to the guidelines: “37 CFR 1.620(b) provides that the Office may hold in abeyance an action on any petition or other paper filed in a supplemental examination proceeding until after the proceeding is concluded by the electronic issuance of the supplemental examination certificate…
Read MoreWho decides petitions related to trademarks?
Petitions relating to trademarks are decided by the Commissioner for Trademarks. According to MPEP 1002.02(i), “Petitions relating to Trademarks are covered in Chapter 1700 of the Trademark Manual of Examining Procedure.” This means that specific guidelines for trademark petitions are detailed in a separate manual focused on trademark procedures. To learn more: Trademarks Petitions Commissioner…
Read MoreWhere can I find information on trademark petitions?
Information on trademark petitions can be found in Chapter 1700 of the Trademark Manual of Examining Procedure (TMEP). The MPEP 1002.02(i) states: “Petitions relating to Trademarks are covered in Chapter 1700 of the Trademark Manual of Examining Procedure.” This chapter provides comprehensive guidance on the procedures and requirements for filing and processing trademark petitions. To…
Read MoreWhat is the role of the Office of the Solicitor in the petition process?
The Office of the Solicitor plays a crucial role in the petition process, as outlined in the MPEP: “Upon receipt of a petition, the entire file is to be forwarded to the Office of the Solicitor. The Solicitor is directed to promptly cause a review to be made of the petition and to prepare a…
Read MoreCan the Solicitor provide legal advice on petitions?
Yes, the Solicitor’s Office can provide legal advice on petitions. The MPEP 1002.02(k)(3) explicitly states: “The Office of the Solicitor is available to render legal advice to any deciding official in connection with any petition.” This means that the Solicitor’s Office can offer legal guidance to USPTO officials who are responsible for making decisions on…
Read MoreWhat interlocutory actions can the Solicitor take in the petition process?
The MPEP grants the Solicitor authority to take various interlocutory actions to facilitate the prompt disposition of petitions. Specifically: “The Solicitor is authorized to take any interlocutory action, i.e., extending times for filing oppositions and seeking judicial review, obtaining agreement on facts from the parties, etc., as may be necessary to promptly dispose of the…
Read MoreHow are petitions to make patent applications special handled?
Petitions to make patent applications special under the accelerated examination program are generally decided in the Technology Centers. According to MPEP 1002.02(s), the following types of petitions to make special are decided in the Technology Centers: Petitions filed with payment of fee under 37 CFR 1.17(h) Petitions based on environmental quality under 37 CFR 1.102(c)(2)(i)…
Read MoreWhat is the time limit for filing a petition with the USPTO?
Generally, petitions must be filed within two months of the mailing date of the action or notice from which relief is requested. This is specified in 37 CFR 1.181(f), which states: “Any petition under this rule which is not filed within two months of the mailing date of the action or notice from which relief…
Read MoreWhat is the procedure for handling petitions in the USPTO?
The procedure for handling petitions in the USPTO is as follows: Petitions are sent to the official with delegated authority to decide the petition, along with the respective application files. The petition may be referred to the examiner for either a formal statement under 37 CFR 1.181(c) or an informal memorandum. For formal statements, a…
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