How are materials submitted under MPEP § 724.02 treated in reissue applications open to the public?
Materials submitted under MPEP § 724.02 in reissue applications open to the public under 37 CFR 1.11(b) are treated as follows: The materials are kept separate from the reissue application file and are not publicly available until a determination is made regarding their materiality to patentability. They will only be released to the public if…
Read MoreWhen is it necessary to inspect previously patented or abandoned application papers?
Inspecting previously patented or abandoned application papers is necessary in certain situations during patent examination. According to MPEP 711.04(b): “In examination of an application it is sometimes necessary to inspect the application papers of a previously patented or abandoned application. It is always necessary to do so in the examination of a reissue application.” This…
Read MoreWhich types of applications are not eligible for prioritized examination?
According to MPEP 708.01, certain types of applications are not eligible for prioritized examination. These include: International applications that have not entered the national stage under 35 U.S.C. 371 Design applications Reissue applications Provisional applications Reexamination proceedings The MPEP states: Prioritized examination under this paragraph will not be accorded to international applications that have not…
Read MoreHow are confidential materials handled in reissue applications open to the public?
Confidential materials submitted under MPEP § 724.02 in reissue applications open to the public under 37 CFR 1.11(b) are handled as follows: Materials are kept separate from the main application file They are not publicly available until a determination of materiality to patentability is made If found not material, they can be expunged upon petition…
Read MoreWhat takes precedence over special cases in patent examination?
According to MPEP 708.01, certain procedures take precedence over actions on special cases: Completion and mailing of all papers typed and ready for signature Processing of ‘Printer Rush’ cases within the indicated period Reissue applications, particularly those involved in stayed litigation Applications with set time limits, such as examiner’s answers due within 2 months after…
Read MoreWhat types of patent applications receive special examination priority at the USPTO?
The USPTO grants special examination priority to certain types of patent applications. According to the MPEP, these include: Reissue applications, especially those where litigation has been stayed Ex parte reexamination proceedings involved in litigation Inter partes reexamination proceedings involved in litigation Cases with fixed 30-day due dates (e.g., examiner’s answers and decisions on motions) Other…
Read MoreWhat are ‘special cases’ in patent examination?
‘Special cases’ in patent examination refer to applications that are advanced out of turn for examination. According to MPEP 708.01, these include: Applications deemed of peculiar importance to a branch of public service Applications made special through petitions or prioritized examination requests Reissue applications, especially those involved in stayed litigation Applications remanded by appellate tribunals…
Read MoreCan protected material be redacted if found material to patentability in a reissue application?
Yes, it is possible to redact protected material found to be material to patentability in a reissue application. The process involves: Identifying the protected material within the submission that is material to patentability. Creating a redacted version that removes the protected information while retaining the important material. Submitting the redacted version to the Office along…
Read MoreWhat happens if no petition to expunge is filed before the notice of allowability in a reissue application?
If no petition to expunge is filed before the mailing of the notice of allowability in a reissue application, the following occurs: The materials submitted under MPEP § 724.02 become a permanent part of the reissue application file. These materials become open to the public under 37 CFR 1.11(b). There is no further opportunity to…
Read MoreWhat is the process for handling submitted materials when a reissue application is being allowed?
When a reissue application containing materials submitted under MPEP § 724.02 is being allowed, the following process occurs: Before mailing a notice of allowability, the examiner reviews the reissue application file for any unacted-upon petitions to expunge. The examiner or appropriate Office official determines whether the submitted information is material to patentability. If found material,…
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