What notice does the USPTO issue when granting a filing date for a supplemental examination request?
When the USPTO grants a filing date to a supplemental examination request, it issues a formal notice to the patent owner. According to MPEP 2812.01: “If the request is granted a filing date, the Office will mail a ‘Notice of Supplemental Examination Request Filing Date’.” This notice serves as official confirmation that the supplemental examination…
Read MoreWhat happens if a proper corrected request is timely filed for supplemental examination?
When a proper corrected request is timely filed for supplemental examination, it establishes the filing date for the supplemental examination request. The MPEP states, “If a proper corrected request is timely filed, the filing date of the supplemental examination request will be the receipt date of the corrected request. The Office will mail a Notice…
Read MoreWhat happens if there are informalities in my maintenance fee payment?
If there are informalities in your maintenance fee payment, the USPTO may specially accept the payment under certain scenarios. According to the MPEP, If the Office specially accepts a payment under any one of scenarios I – III below, a Notice of Special Acceptance of Patent Maintenance Fee (PTO-2143) will be mailed to the submitter…
Read MoreWhat happens if I pay the issue fee but don’t submit the publication fee?
If you pay the issue fee but fail to submit the publication fee, your application will still proceed to issuance. However, the USPTO will send you a notice requiring payment of the publication fee. As stated in MPEP 1306: “If an applicant pays the issue fee in an application under 35 U.S.C. 111(a), or in…
Read MoreHow is the enforceability of patent arbitration awards determined?
The enforceability of patent arbitration awards is contingent upon proper notice being filed with the USPTO. According to 35 U.S.C. 294(e) and 37 CFR 1.335(c): ‘The award shall be unenforceable until the notice required by subsection (d) is received by the Director.’ This means that until the proper notice of the arbitration award is filed…
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