How do applicants receive a copy of the processed IDS from the USPTO?
Applicants receive a copy of the processed Information Disclosure Statement (IDS) as part of an Office action from the USPTO. The MPEP 609.08 states: a copy will be provided to applicant as part of an Office action. This means that after the examiner has reviewed and processed the IDS, the applicant will receive a copy…
Read MoreWhat is the purpose of an Examiner’s Letter or Action?
An Examiner’s Letter or Action, as described in MPEP 707, serves to communicate the examiner’s findings and decisions regarding a patent application. It includes: Information about the period set for reply Any attachments A ‘Summary of Action’ detailing the position taken on all claims Reasons for rejection or objection Useful information for judging the propriety…
Read MoreWhat are the different work schedules for patent examiners and how are they communicated?
Patent examiners may have different work schedules, which are communicated in their office actions to help applicants understand their availability. The MPEP provides two main form paragraphs for this purpose: Form Paragraph 7.101 for non-5/4/9 schedules Form Paragraph 7.102 for 5/4/9 schedules For example, Form Paragraph 7.102 states: “The examiner can normally be reached on…
Read MoreHow is an examiner’s contact information provided in a patent office action?
In every patent office action, the examiner’s contact information is provided for applicants to reach out with inquiries or to arrange interviews. According to MPEP 707.08, “The full surname of the examiner who prepares the Office action will, in all cases, be typed at the end of the action. The name and telephone number of…
Read MoreHow are amendments containing objectionable remarks handled by the USPTO?
Amendments containing objectionable remarks are handled with special care by the USPTO. According to MPEP 714.19: “An amendatory paper containing objectionable remarks that, in the opinion of the examiner, brings it within the condemnation of 37 CFR 1.3, will be submitted to the Deputy Commissioner for Patents who oversees the Office of Petitions. See MPEP…
Read MoreWhat types of patent-related correspondence are prohibited from being sent by facsimile to the USPTO?
According to MPEP 502.01, certain types of patent-related correspondence are prohibited from being sent by facsimile to the USPTO. These include: Documents required by statute to be certified (37 CFR 1.4(f)) National patent application specifications and drawings for obtaining a filing date (except for CPAs under 37 CFR 1.53(d)) International patent applications International design applications…
Read MoreCan an applicant appoint two patent practitioners for the same application?
Yes, an applicant can appoint two patent practitioners for the same application. However, when doing so, it’s important to specify the correspondence address. As stated in the MPEP: “If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address.” This ensures clear communication…
Read MoreWhat happens if an attorney or agent withdraws from representation in a patent application?
What happens if an attorney or agent withdraws from representation in a patent application? When an attorney or agent withdraws from representation in a patent application, the following occurs: The USPTO will correspond directly with the applicant until a new Power of Attorney or address change is filed. The withdrawal is effective when approved by…
Read MoreHow does attorney withdrawal affect pending patent applications?
How does attorney withdrawal affect pending patent applications? When an attorney withdraws from representation in a pending patent application, it can have several implications: The applicant becomes responsible for prosecuting the application. Official correspondence will be sent directly to the applicant. Deadlines and response periods remain in effect. The applicant may need to find new…
Read MoreHow can an applicant authorize email communications with the USPTO?
To authorize email communications with the USPTO, an applicant must provide a written authorization. According to MPEP 502.03: ‘The written authorization may be submitted via EFS-Web, mail, or fax. It cannot be submitted by email.’ The USPTO provides a sample authorization form: ‘Recognizing that Internet communications are not secure, I hereby authorize the USPTO to…
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