When does the USPTO send Maintenance Fee Reminders?

According to MPEP 2575, the USPTO does not send Maintenance Fee Reminders until after the grace period has begun: “Since patentees are expected to maintain their own record and docketing systems and since it is expected that most patentees will pay their maintenance fees during the window period to avoid payment of a surcharge, the…

Read More

What types of documents can third parties submit during an ex parte reexamination proceeding?

During an ex parte reexamination proceeding, third parties are generally not allowed to make submissions after the reexamination order is issued. However, the USPTO will accept certain documents to ensure a complete file with updated status information. These include: Copies of notices of suits involving the patent Copies of decisions or papers filed in court…

Read More

What is the patent owner’s responsibility regarding prior or concurrent proceedings in ex parte reexamination?

In an ex parte reexamination proceeding, the patent owner has a continuing responsibility to inform the USPTO about any prior or concurrent proceedings involving the patent under reexamination. This responsibility is outlined in 37 CFR 1.565(a), which states: “In an ex parte reexamination proceeding before the Office, the patent owner must inform the Office of…

Read More

What is a D-10 Notice in patent examination?

A D-10 Notice is a notification sent by the United States Patent and Trademark Office (USPTO) to inform applicants that their patent application is approaching the final stages of the examination process. It typically indicates that the application is being prepared for issuance. The MPEP Section 1304 briefly mentions the D-10 Notice: “For amendments received…

Read More

How does the USPTO notify applicants of application abandonment?

The USPTO has a specific procedure for notifying applicants when their patent applications become abandoned. According to the MPEP: The Patent Examining Corps currently mails to the correspondence address of record, a Notice of Abandonment form PTOL-1432 in all applications which become abandoned for failure to prosecute. However, it’s crucial to understand that: Failure to…

Read More

How does the USPTO notify the public about postal service interruptions?

The USPTO has established procedures to notify the public about postal service interruptions that may affect patent filings. According to MPEP 511: When the Director designates a postal service interruption or emergency, a notice will be published in the Official Gazette, and will be posted on the USPTO website at www.uspto.gov. The USPTO’s notification process…

Read More