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…

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Can 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…

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What 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…

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What 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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What 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’…

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What 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…

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How 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…

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What 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…

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What 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…

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