What is the time frame for the USPTO to determine if a Substantial New Question (SNQ) of patentability is raised in a supplemental examination request?
According to MPEP 2816, the USPTO is required to make a determination within three months following the filing date of a request for supplemental examination. Specifically, the MPEP states: “35 U.S.C. 257(a) and 37 CFR 1.620(b) require that, within three months following the filing date of a request for supplemental examination, the Office will determine…
Read MoreWhat is the time frame for adding a required claim for interference?
When an examiner requires an applicant to add a claim for interference, there is a specific time frame that must be followed. According to 37 CFR 41.202(c): “Failure to satisfy the requirement within a period (not less than one month) the examiner sets will operate as a concession of priority for the subject matter of…
Read MoreWhat is the time frame for the grace period inventor-originated disclosure exception?
The grace period inventor-originated disclosure exception applies to disclosures made one year or less before the effective filing date of the claimed invention. Importantly, the MPEP notes: “The one-year grace period in AIA 35 U.S.C. 102(b)(1)(A) is extended to the next succeeding business day if the end of the one-year grace period otherwise falls on…
Read MoreWhat is the time frame for an examiner to provide an answer to an appeal brief?
According to the MPEP, an examiner should provide a written answer to an appeal brief within a specific timeframe: “The examiner should furnish the appellant with a written statement in answer to the appellant’s brief within 2 months after the receipt of the brief by the examiner.“ It’s important to note that while the regulation…
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