What options does an applicant have if an application is abandoned after reopening prosecution?
If an application is abandoned after reopening prosecution following a withdrawal from issue, the applicant has specific options regarding the previously paid issue fee. According to MPEP 1308.01: “If abandoned, applicant may request refund or credit to a deposit account.” The applicant’s options include: Requesting a refund of the previously paid issue fee Requesting that…
Read MoreWhat happens if the issue fee has been paid when prosecution is reopened?
If the issue fee has been paid and prosecution is reopened due to a rejection after allowance, the applicant has several options. According to MPEP 1308.01: “If the issue fee has already been paid and prosecution is reopened, the applicant may request a refund or request that the fee be credited to a deposit account.…
Read MoreWhat happens if a petition to designate a new ground of rejection is granted?
If a petition to designate a new ground of rejection is granted, the following occurs: The appellant is given a two-month time period to file a reply under 37 CFR 1.111 to reopen prosecution before the primary examiner. No corrected examiner’s answer is provided. The appellant may present amendments, evidence, and/or arguments directed to other…
Read MoreCan a previously paid issue fee be applied to a new Notice of Allowance?
Yes, a previously paid issue fee can be applied to a new Notice of Allowance under certain circumstances. According to MPEP 1308.01: “If allowed, upon receipt of a new Notice of Allowance, applicant may request that the previously submitted issue fee be applied (the Notice of Allowance will reflect an issue fee amount that is…
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