What is the process for preparing an inter partes reexamination file for publication of the certificate?
The process for preparing an inter partes reexamination file for publication of the certificate involves several steps: The examiner completes an Examiner Checklist Reexamination form (PTOL-1516). The Legal Instrument Examiner (LIE) completes a Reexamination Clerk Checklist form (PTOL-1517). The case is reviewed by the Central Reexamination Unit (CRU) Supervisory Patent Reexamination Specialist (SPRS) or Technology…
Read MoreWhat is a “Printer Rush” in patent examination?
A “Printer Rush” occurs when issues need to be addressed after a patent application has been allowed but before it can be published. As stated in MPEP 1309.02: “A printer rush occurs when document(s) need to be addressed after a patent application has been allowed. The file is returned to the examiner, a ‘Printer Rush’…
Read MoreWhat is the projected publication date for a patent application?
The projected publication date for a patent application is an important timeline provided by the USPTO. According to MPEP 1120, the projected publication date is typically determined as follows: “The projected publication date normally will be the later of: (1) eighteen months from the earliest filing date claimed; or (2) fourteen weeks from the mailing…
Read MoreWhat happens if my express abandonment petition is not recognized in time to avoid publication?
If your express abandonment petition is not recognized in time to avoid publication, the application will be published as scheduled. The MPEP explains: “If the application is not recognized as abandoned at least four weeks prior to the projected publication date, the Office will not be able to avoid publication of the application.” Furthermore: “This…
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