What 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,…
Read MoreWhat happens if a reissue application is abandoned with submitted materials under MPEP § 724.02?
When a reissue application containing materials submitted under MPEP § 724.02 is to be abandoned, the following process occurs: The examiner reviews the reissue application file before mailing a notice of abandonment. If a petition to expunge is found in the file but not yet acted upon, it will be granted regardless of the materials’…
Read MoreWhat are the rules for accessing reissue application files?
Reissue application files have specific access rules as outlined in MPEP 103: ‘All reissue applications, both pending and abandoned, are open to public inspection and copying.’ This means that: Anyone can access reissue application files No special permission is required Both pending and abandoned reissue applications are available However, if the reissue application contains a…
Read MoreHow do reissue applications differ from original patent applications?
How do reissue applications differ from original patent applications? Reissue applications are distinct from original patent applications in that they are used to correct errors in already-issued patents. The MPEP 201 states, “An application for reissue of a patent is an application for a new patent to correct an error in an unexpired patent as…
Read MoreHow are assignment records for reissue applications handled?
Assignment records for reissue applications are treated differently from regular patent applications due to their public nature. According to MPEP 301.01: Assignment records relating to reissue applications are open to public inspection because reissue applications are open to public inspection pursuant to 37 CFR 1.11(b). This means that once a reissue application is filed, its…
Read MoreWhat types of applications are considered national applications?
According to MPEP 201.01, national applications include: Original (nonprovisional) applications Reissue applications Reexamination proceedings The MPEP specifically states: ‘National applications include original (nonprovisional) applications, reissue applications, and reexamination proceedings.’ Each of these types serves a different purpose in the patent process. Original applications are for new inventions, reissue applications are for correcting errors in existing…
Read MoreWhat are the different types of national applications in U.S. patent law?
According to MPEP 201.01, there are three main types of national applications in U.S. patent law: Original applications: These include both provisional and nonprovisional applications. Reissue applications: Filed to correct an error in an already issued patent. Reexamination applications: Used to request a review of an existing patent. The MPEP states: National applications include original…
Read More