How are “special” applications handled during the appeal process?
Applications that have been designated as “special” receive expedited treatment throughout the entire prosecution process, including appeals. MPEP 1203 states, “If the applicant remains diligent, an application for patent that once has been made special and advanced out of turn by the United States Patent and Trademark Office (Office) for examination will continue to be…
Read MoreHow are reissue applications prioritized in relation to other special applications?
Reissue applications are given even higher priority than other special applications. The MPEP 1442 states: “All reissue applications, except those under suspension because of litigation or a pending trial before the Patent Trial and Appeal Board (PTAB), will be taken up for action ahead of other ‘special’ applications.” This means that reissue applications are processed…
Read MoreHow does the USPTO handle applications pending for 5 years or more?
The USPTO has specific guidelines for handling applications that have been pending for an extended period. According to MPEP 707.02: Any application that has been pending five years or more should be carefully studied by the supervisory patent examiner and every effort should be made to terminate its prosecution. In order to accomplish this result,…
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