Can I submit an affidavit after a final rejection in a patent application?
Yes, you can submit an affidavit after a final rejection, but there are specific conditions. According to MPEP 715.09: Affidavits and declarations submitted under 37 CFR 1.131(a) and other evidence traversing rejections are considered timely if submitted: … (C) after final rejection, but before or on the same date of filing an appeal, upon a…
Read MoreWhat options do I have if my patent application becomes abandoned due to a late amendment?
If your patent application becomes abandoned due to a late amendment, you have several options: Petition to Revive: You can file a petition to revive the abandoned application, typically under 37 CFR 1.137. Request for Continued Examination (RCE): As mentioned in MPEP 714.17, you can file an RCE to continue prosecution. Continuing Application: You may…
Read MoreWhat are the conditions for restarting prioritized examination after a request for continued examination (RCE)?
What are the conditions for restarting prioritized examination after a request for continued examination (RCE)? Prioritized examination can be restarted after an RCE under specific conditions. According to MPEP 708.02(b): “If an applicant files a request for continued examination (RCE) under 37 CFR 1.114 with a request for prioritized examination under 37 CFR 1.102(e) and…
Read MoreHow can filing a Request for Continued Examination (RCE) lead to application abandonment?
Filing a Request for Continued Examination (RCE) can lead to application abandonment in several scenarios: Appeals with no allowed claims: MPEP 711.02(b) states, ‘Prior to a decision by the Board, an application on appeal that has no allowed claims may become abandoned when a Request for Continued Examination (RCE) is improperly filed without the appropriate…
Read MoreCan I file a request for continued examination (RCE) after the period for reply has expired?
Yes, you can file a request for continued examination (RCE) after the period for reply has expired, as long as the application hasn’t been abandoned for an extended period. The MPEP 714.17 states: An amendment filed after the expiration of the statutory period for reply to an Office action cannot be entered. The applicant may…
Read MoreWhat are the options for responding to a final rejection in a patent application?
According to MPEP 714.13, there are three main options for responding to a final rejection: File an amendment: The amendment must comply with 37 CFR 1.116. File a Notice of Appeal: This must be accompanied by the appeal fee. File a Request for Continued Examination (RCE): This must be filed under 37 CFR 1.114 with…
Read MoreWhat happens if an affidavit or declaration is submitted after a final rejection?
If an affidavit or declaration under 37 CFR 1.130 is submitted after a final rejection, it can still be considered timely under certain conditions. According to MPEP 717.01(f): Affidavits and declarations submitted under 37 CFR 1.130 and other evidence traversing rejections are considered timely if submitted: […] (C) after final rejection, but before or on…
Read MoreCan affidavits or declarations be submitted after the prosecution is closed?
Yes, affidavits or declarations under 37 CFR 1.130 can be submitted after the prosecution is closed, but only under specific circumstances. According to MPEP 717.01(f): Affidavits and declarations submitted under 37 CFR 1.130 and other evidence traversing rejections are considered timely if submitted: […] (D) after the prosecution is closed (e.g., after a final rejection,…
Read MoreCan a CPA be filed for utility or plant applications?
No, Continued Prosecution Applications (CPAs) cannot be filed for utility or plant applications. The MPEP clearly states: Effective July 14, 2003, continued prosecution application (CPA) practice was eliminated as to utility and plant applications. For utility and plant applications, applicants should consider filing a request for continued examination (RCE) under 37 CFR 1.114 or a…
Read MoreHow are improper CPA requests handled by the USPTO?
The USPTO handles improper Continued Prosecution Application (CPA) requests in the following ways: For utility or plant applications filed on or after July 14, 2003, improper CPA requests are treated as requests for continued examination (RCE) under 37 CFR 1.114 if the application has a filing date on or after June 8, 1995. If the…
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