How does the USPTO handle questions of compliance with the duty of disclosure in inter partes reexamination?
The USPTO’s approach to handling questions of compliance with the duty of disclosure in inter partes reexamination is outlined in 37 CFR 1.933(b): “If questions of compliance with this section are raised by the patent owner or the third party requester during a reexamination proceeding, they will be noted as unresolved questions in accordance with…
Read MoreWhat happens if a 37 CFR 1.501 submission is improper?
If a submission under 37 CFR 1.501 is deemed improper, it will not be entered into the patent file. The MPEP states: “If the 37 CFR 1.501 submission is not proper because it is not limited to patents, printed publications, and/or patent owner written claim scope statements and additional information or it fails to include…
Read MoreHow does the USPTO handle non-Latin character patent documents?
The USPTO has specific guidelines for handling non-Latin character patent documents. The MPEP states: “In citing a document published by a foreign patent office, identify the foreign country or WIPO by the two-letter code (WIPO Standard ST.3) before the first document number.“ For non-Latin character documents: The country code helps identify the origin, regardless of…
Read MoreHow does the USPTO handle inappropriate third-party inquiries or submissions in patent applications?
The USPTO has strict guidelines for handling inappropriate third-party inquiries or submissions: Any submission not complying with 37 CFR 1.290 or 37 CFR 1.291 will not be entered into the application file and will be discarded. Office personnel are instructed not to reply to or act upon third-party inquiries or submissions, except those complying with…
Read MoreHow does the USPTO handle petitions to expunge trade secret information?
How does the USPTO handle petitions to expunge trade secret information? The USPTO treats petitions to expunge trade secret information with particular care. According to MPEP 724.06: “Where the petition is filed by a trade secret owner, the examiner will consider whether the petition complies with the requirements of 37 CFR 1.59(b). The examiner will…
Read MoreHow does the USPTO handle petitions challenging the appropriateness of 37 CFR 1.105 requirements?
How does the USPTO handle petitions challenging the appropriateness of 37 CFR 1.105 requirements? The USPTO handles petitions challenging the appropriateness of 37 CFR 1.105 requirements based on the stage of prosecution. According to MPEP 704.14(c): If the petition argues that the requirement is not appropriate for the stage of prosecution that the application was…
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