How do I change the correspondence address for a pending patent application?
To change the correspondence address for a pending patent application, follow these steps: Use the Office form Change of Correspondence Address, Application (PTO/SB/122). Submit the form to the USPTO, ensuring all required information is provided. Include both the application number and, if known, the filing date to expedite processing. The MPEP advises: “To ensure accuracy…
Read MoreCan I call the USPTO about my supplemental examination request?
Yes, you can call the USPTO about your supplemental examination request, but with limitations. The MPEP clarifies: “A telephone call to the Office to confirm receipt of a request for supplemental examination, or to discuss general procedural questions, is not considered to be an interview for the purposes of this provision.” This means you can…
Read MoreWhat should patent attorneys do if they suspect a Notice of Allowance was not received?
If patent attorneys suspect that a Notice of Allowance was not received, they should take the following steps: Check the USPTO’s Patent Application Information Retrieval (PAIR) system for updates on the application status. Contact the USPTO promptly to inquire about the Notice of Allowance. Provide updated contact information if there have been any changes. Request…
Read MoreWhat is the “Notice to File Corrected Application Papers”?
The “Notice to File Corrected Application Papers” is an official communication from the United States Patent and Trademark Office (USPTO) issued when submitted patent drawings are not acceptable for publishing. According to MPEP 1302.05: “If the drawings that are received are still not acceptable for publishing, the Office will mail a “Notice to File Corrected…
Read MoreHow should I identify a national stage application when communicating with the USPTO?
When communicating with the USPTO regarding a national stage application, it’s important to use the correct identification information. The MPEP provides specific guidance: “Once an international application entering the U.S. national phase (“national stage application”) has been accorded a U.S. application number (the two digit series code followed by a six digit serial number), that…
Read MoreHow should an applicant respond to an Office Action?
When responding to an Office Action, applicants should: Include the application number, 4-digit art unit number, and examiner’s name Include the 4-digit confirmation number on every paper filed Address all rejections and objections raised in the Office Action Provide arguments for allowability as required by 37 CFR 1.111 The MPEP section 707 states: Replies to…
Read MoreWhat happens if an incorrect citation of a reference is discovered in a patent application?
When an incorrect citation of a reference is discovered in a patent application, the action taken depends on who discovers the error: If discovered by the applicant: The applicant should notify the Office. As stated in MPEP 707.05(g), “Where an error in citation of a reference is brought to the attention of the Office by…
Read MoreIs a daytime telephone number required for patent applications filed before September 16, 2012?
While not strictly required, the USPTO recommends providing a daytime telephone number for patent applications filed before September 16, 2012. According to MPEP 403.01(b): Pre-AIA 37 CFR 1.33(a) requests the submission of a daytime telephone number of the party to whom correspondence is to be addressed. While business is to be conducted on the written…
Read MoreWhat should be included in an Examiner’s Letter or Action?
According to MPEP 707, an Examiner’s Letter or Action should include: The Office Action Summary Form PTOL-326 Period set for reply Any attachments A ‘Summary of Action’ on all claims Notice of References Cited (PTO-892) Reasons for rejections or objections Useful information for judging the propriety of continuing prosecution The MPEP states, Information useful in…
Read MoreHow can an applicant schedule an interview with a patent examiner?
Applicants can schedule interviews with patent examiners through various methods, including telephone, in-person, and video conferencing. The USPTO encourages the use of the Automated Interview Request (AIR) Form for scheduling interviews. According to MPEP 707: Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an…
Read More