What is the time period for an applicant to respond to a formal request for a property rights statement made under the Atomic Energy Act or National Aeronautics and Space Act?
When the USPTO makes a formal request for a property rights statement in accordance with 42 U.S.C. 2182 (DOE) or 51 U.S.C. 20135 (NASA), the applicant has a 30-day statutory period to respond. There is no provision for an extension of this 30-day time period. As stated in MPEP 150, “If no proper and timely…
Read MoreWhat happens to abandoned applications that are later revived?
When an abandoned application is later revived, it retains its original filing date. The revival process effectively removes the abandonment status, allowing the application to continue prosecution. However, the period of abandonment may impact patent term adjustment calculations. For more information on revival procedures, refer to MPEP 711 and 37 CFR 1.137.
Read MoreWhat happens if an applicant fails to respond to a request for a property rights statement?
If an applicant fails to respond to a request for a property rights statement, there can be serious consequences for the patent application. According to MPEP 150: If no proper and timely statement is received, the application will be held abandoned and the applicant so notified. The process typically involves: An initial informal request (45-Day…
Read MoreWhat happens if the filing fee for a provisional application is not paid?
If the filing fee for a provisional application is not paid, the USPTO will take specific actions as outlined in MPEP 601.01(b): Quote: “If the filing fee is not paid in the provisional application, the USPTO may dispose of the provisional application. The notification to applicant that the provisional application has been disposed of will…
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