What determines the priority of examination within an examiner’s docket?
Within an examiner’s docket, the primary factor determining examination priority is the effective U.S. filing date. The MPEP states: “Each examiner will give priority to that application in his or her docket, whether amended or new, which has the oldest effective U.S. filing date.” However, there are exceptions to this rule. For example, reissue applications,…
Read MoreWhat takes precedence over special cases in patent examination?
According to MPEP 708.01, certain procedures take precedence over actions on special cases: Completion and mailing of all papers typed and ready for signature Processing of ‘Printer Rush’ cases within the indicated period Reissue applications, particularly those involved in stayed litigation Applications with set time limits, such as examiner’s answers due within 2 months after…
Read MoreWhat 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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