What is the process for comments and replies after an examiner’s determination under 37 CFR 41.77(d)?
The process for comments and replies after an examiner’s determination under 37 CFR 41.77(d) is outlined in MPEP 2682: The examiner’s determination sets two one-month time periods: One month from the mailing date of the determination for the patent owner and third party requester(s) to file comments on the examiner’s determination One month from the…
Read MoreWhat are the specific time periods for replies under 37 CFR 1.134?
According to MPEP 710.02(c), the specific time periods for replies under 37 CFR 1.134 are as follows: 1 month (but at least 30 days) may be set for personal or telephonic interviews; 2 months may be set in situations not covered by a Statutory or other rule provision; 3 months may be set to reply…
Read MoreWhen does the USPTO set time periods that are not subject to extensions?
The USPTO may set time periods that are not subject to extensions under certain circumstances, as explained in MPEP 710.02(c): “Where the condition of the application requires that such action not be subject to extensions under 37 CFR 1.136, the action should specify that the provisions of 37 CFR 1.136 (or 1.136(a)) do not apply…
Read MoreWhat are the time periods for filing a claim for foreign priority in a U.S. patent application?
The time periods for filing a priority claim depend on the type of application: For original applications filed under 35 U.S.C. 111(a) (other than design applications), the claim must be filed during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months…
Read MoreWhat are the time periods for filing priority or benefit claims in U.S. patent applications?
The time periods for filing priority or benefit claims in U.S. patent applications vary depending on the type of claim and application. Generally: For foreign priority claims under 35 U.S.C. 119(a)-(d) and (f), the claim must be made within the later of 4 months from the actual filing date or 16 months from the foreign…
Read MoreWhat happens if a drawing is not acceptable for publication?
If a drawing is not acceptable for publication, the Office of Patent Application Processing (OPAP) will object to the drawing and notify the applicant. The applicant will be given a time period of two months from the mail date of the Notice to file acceptable drawings. This period is extendable under 37 CFR 1.136(a) or…
Read MoreWhat happens if corrected drawings are not received within the set time period?
If corrected drawings are not received within the set time period, the application will be processed for issue or publication based on the originally filed drawings. The failure to submit corrected drawings may result in the application being withdrawn from issue or the patent being printed with defective drawings.
Read MoreWhat is the significance of the four-month and sixteen-month time periods for filing a priority claim?
What is the significance of the four-month and sixteen-month time periods for filing a priority claim? The four-month and sixteen-month time periods are crucial deadlines for filing a priority claim in a U.S. patent application. According to MPEP 214.01: “The claim for priority must be filed within the later of four months from the actual…
Read More