What is the purpose of a shortened statutory period in ex parte reexamination?
The purpose of a shortened statutory period in ex parte reexamination is to expedite the reexamination process while still providing sufficient time for patent owners to respond. MPEP 2263 states: “A shortened statutory period of two months will generally be set for filing a response to an Office action in an ex parte reexamination.” This…
Read MoreHow long is the shortened statutory period for replying to a restriction requirement?
According to MPEP 710.02(b), the shortened statutory period for replying to a restriction requirement or election of species (with no action on the merits) is 2 months. The MPEP states: 2 MONTHS (A) Requirement for restriction or election of species only (no action on the merits) …… MPEP §§ 809.02(a) and 817. This period allows…
Read MoreWhat are the exceptions to using a shortened statutory period in patent examinations?
There are specific situations where a shortened statutory period is not used in patent examinations. According to MPEP 710.02(b), these exceptions include: Actions on amendments submitted after final rejection (except when the amendment is fully responsive and could place the application in condition for allowance) Ex parte Quayle actions When the application is ready for…
Read MoreHow are extension fees calculated after a final rejection?
The calculation of extension fees after a final rejection depends on several factors, as outlined in MPEP 706.07(f): If a complete first reply is filed within 2 months and an advisory action is issued, the shortened statutory period (SSP) expires 3 months from the date of the final rejection or on the date of the…
Read MoreWhat is a shortened statutory period in patent examination?
A shortened statutory period in patent examination is a time frame set by the examiner that is shorter than the maximum period allowed by statute for responding to an Office action. The MPEP 711.02 states: “This failure may result from a failure to reply within the statutory period… or it may result from a failure…
Read MoreCan the USPTO set a shorter reply period for patent office actions?
Yes, the USPTO can set a shorter reply period for patent office actions. According to 35 U.S.C. 133: ‘…or within such shorter time, not less than thirty days, as fixed by the Director in such action, the application shall be regarded as abandoned by the parties thereto.’ This provision allows the USPTO to set a…
Read MoreWhat is the time period for replying to an Ex parte Quayle Office action?
An Ex parte Quayle Office action is issued when an application is in condition for allowance, except for matters of form. According to MPEP 710.02(b), When an application is in condition for allowance, except as to matters of form, such as correction of the specification, a new oath, etc., the application will be considered special…
Read MoreHow are time periods calculated for Office action responses?
How are time periods calculated for Office action responses? The calculation of time periods for responding to Office actions is crucial for patent applicants. According to MPEP 704.13: “The time periods set for reply are the statutory period of 6 months in a regular statutory invention application and 3 months in a reexamination proceeding.” However,…
Read MoreWhat is the difference between statutory and shortened statutory periods for reply?
What is the difference between statutory and shortened statutory periods for reply? The statutory and shortened statutory periods for reply are two different timeframes set for responding to Office actions in patent applications. According to MPEP 710: “The maximum statutory period for reply to an Office action is 6 months. 35 U.S.C. 133. Shortened periods…
Read MoreWhat is the difference between a statutory period and a shortened statutory period in patent examination?
The key difference between a statutory period and a shortened statutory period in patent examination lies in their duration and the authority that sets them: Statutory Period: This is the maximum time allowed by law (statute) for responding to an Office action. As stated in MPEP 710.01, ‘The maximum statutory period for reply to an…
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