What should I do if I decide to refile my application as a continuation while an appeal is pending?
If you decide to refile your application as a continuation while an appeal is pending, it’s crucial to inform the USPTO promptly. The MPEP advises: “To avoid the rendering of decisions by the Board in applications which have already been refiled as continuations, applicants should promptly inform the Clerk of the Board in writing as…
Read MoreWhat information should be provided to the USPTO about litigation involving a patent under reissue?
When informing the USPTO about litigation involving a patent under reissue, applicants should provide sufficient information for the Office to evaluate the need for further materials. The MPEP advises: “Litigation encompasses any papers filed in the court or issued by the court. This may include, for example, motions, pleadings, and court decisions, as well as…
Read MoreWhat happens if a court invalidates a patent while a reissue application is pending?
What happens if a court invalidates a patent while a reissue application is pending? If a court invalidates a patent while a reissue application is pending, several consequences may follow: Notification requirement: The applicant must promptly notify the USPTO of the court’s decision. Examination impact: The USPTO will consider the court’s decision in the examination…
Read MoreHow does the USPTO notify applicants of patent application abandonment?
The United States Patent and Trademark Office (USPTO) has specific procedures for notifying applicants when their patent applications are considered abandoned. According to MPEP 711: ‘When an application is abandoned, the Office should send a letter (Notice of Abandonment) to the applicant or the applicant’s attorney or agent of record, if any, notifying the applicant…
Read MoreHow are applicants notified of unacceptable patent drawings?
When patent drawings are found to be unacceptable, the USPTO notifies applicants through the following process: The examiner advises the applicant in the first Office action about why the drawings are unacceptable. The examiner may use specific form paragraphs to explain the defects in the drawings. Applicants are informed that new corrected drawings are required.…
Read MoreWhat happens if the USPTO fails to retrieve a priority document through the exchange program?
If the USPTO fails to retrieve a priority document through the exchange program, the applicant is notified and given an opportunity to correct the issue. According to MPEP 215.02(a): “If the USPTO is unable to retrieve a copy of the foreign application to which priority is claimed, the applicant will be notified and given an…
Read MoreWhat happens if the USPTO is unable to retrieve a priority document through PDX?
If the USPTO is unable to retrieve a priority document through the Priority Document Exchange (PDX) program, the following occurs: The USPTO will notify the applicant of the unsuccessful retrieval attempt. The applicant will then be required to submit the certified copy of the foreign application. According to MPEP 215.01, If the foreign certified copy…
Read MoreWhat happens if an attorney or agent withdraws without notifying the USPTO?
What happens if an attorney or agent withdraws without notifying the USPTO? If an attorney or agent withdraws from representation without notifying the USPTO, it can lead to several issues: The USPTO will continue to recognize the attorney or agent as the representative of record. Official correspondence will still be sent to the attorney or…
Read MoreWhat happens if I fail to notify the USPTO about loss of micro entity status?
What happens if I fail to notify the USPTO about loss of micro entity status? Failing to notify the USPTO about the loss of micro entity status can have serious consequences. The MPEP warns: “Fraudulent assertion of micro entity status is considered a fraud practiced or attempted on the Office.” (MPEP 509.04(f)) Consequences may include:…
Read MoreHow can I correct an error in micro entity status if I’m no longer eligible?
How can I correct an error in micro entity status if I’m no longer eligible? If you discover that you’re no longer eligible for micro entity status, you should promptly notify the USPTO and pay the deficiency in fees. The MPEP states: “A notification of loss of entitlement to micro entity status must be filed…
Read More