What are the timing options for filing amendments under PCT Article 34?
Amendments under PCT Article 34 can be filed at several stages during the international preliminary examination process. The timing options are: At the time of filing the Demand for international preliminary examination. Within the time limit set by the International Preliminary Examining Authority (IPEA) for reply to any notification under 37 CFR 1.484(b). Within the…
Read MoreWhat happens if my express abandonment petition is not recognized in time to avoid publication?
If your express abandonment petition is not recognized in time to avoid publication, the application will be published as scheduled. The MPEP explains: “If the application is not recognized as abandoned at least four weeks prior to the projected publication date, the Office will not be able to avoid publication of the application.” Furthermore: “This…
Read MoreWhat is the deadline for filing an express abandonment to avoid publication?
While there’s no strict deadline, the MPEP provides a crucial timeframe for effectively avoiding publication: “Applicants should expect that the petition will not be granted and the application will be published in regular course unless such declaration of express abandonment and petition are received by the appropriate officials more than four weeks prior to the…
Read MoreWhen should an affidavit or declaration under 37 CFR 1.130 be filed?
According to MPEP 717.01(f), affidavits or declarations under 37 CFR 1.130 must be timely presented to be admitted. They are considered timely if submitted: Prior to a final rejection Before appeal in an application not having a final rejection After final rejection but before or on the same date of filing an appeal, with a…
Read MoreCan a Requirement for Information be made after the first Office action?
Can a Requirement for Information be made after the first Office action? Yes, a Requirement for Information can be made after the first Office action. The MPEP 704.14(a) states: ‘A requirement for information may be made either before or after a first Office action on the merits and before a final rejection.’ This flexibility allows…
Read MoreWhat happens if a petition to expunge information is not filed before the application is allowed?
What happens if a petition to expunge information is not filed before the application is allowed? If a petition to expunge information is not filed before the application is allowed, the opportunity to expunge information may be significantly limited. According to MPEP 724.05: ‘A petition to expunge information will not be considered if filed after…
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