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…

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What 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…

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What 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…

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How 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…

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How 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.…

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