Can maintenance fees be prorated for patents expiring between due dates?
No, maintenance fees cannot be prorated for patents expiring between due dates. The MPEP 2520 clearly states: “If a patent will expire part way between the due dates set in 35 U.S.C. 41(b), or between the latest due date and the term set in 35 U.S.C. 154, it is still required that the entire maintenance…
Read MoreCan patent examiners submit prior art under 35 U.S.C. 301?
No, patent examiners are not permitted to submit prior art under 35 U.S.C. 301 on their own initiative. MPEP 2203 clearly states: Patent examiners should not, at their own initiative, create a submission under 35 U.S.C. 301 and place it in a patent file or forward it for placement in the patent file. The MPEP…
Read MoreCan patent examiners reject applications based on duty of disclosure violations?
No, patent examiners do not reject applications based on duty of disclosure violations. According to MPEP 2010: “Accordingly, the examiner does not investigate and reject original or reissue applications under 37 CFR 1.56.” This means that even if an examiner suspects a violation of the duty of disclosure, they are not authorized to reject the…
Read MoreWhat should inventors know about the USPTO’s approach to duty of disclosure issues?
Inventors should be aware of the following key points regarding the USPTO’s approach to duty of disclosure issues: The USPTO does not investigate or reject applications based on duty of disclosure violations during examination. Examiners will not comment on duty of disclosure issues brought to their attention, except to note that such issues are not…
Read MoreCan the USPTO make changes to patent application drawings?
No, the United States Patent and Trademark Office (USPTO) does not make changes to patent application drawings. This is explicitly stated in the MPEP, which provides the following form paragraph for examiners to use: “The United States Patent and Trademark Office does not make drawing changes. It is applicant’s responsibility to ensure that the drawings…
Read MoreWhat is the USPTO’s current policy on nucleotide sequences in patent applications?
The USPTO’s current policy on nucleotide sequences in patent applications is based on the 2007 Official Gazette notice, which rescinded the 1996 waiver that allowed multiple nucleotide sequences in a single application. According to MPEP 803.04: “In 2007, the Commissioner for Patents rescinded the waiver. See Examination of Patent Applications Containing Nucleotide Sequences, 1316 OG…
Read MoreHow does the USPTO’s policy differ from other International Searching Authorities regarding subject matter searches?
The USPTO’s policy on international searches differs significantly from other International Searching Authorities. According to MPEP 1843.02: “The USPTO has declared that it will search and examine, in international applications, all subject matter searched and examined in U.S. national applications.“ This means that while other International Searching Authorities may choose not to search certain subject…
Read MoreCan third parties request a Certificate of Correction for a patent?
While third parties can provide information about mistakes in patents, they do not have the legal standing to demand the issuance or refusal of a Certificate of Correction. According to MPEP 1480: “Third parties do not have standing to demand that the Office issue, or refuse to issue, a certificate of correction. See Hallmark Cards,…
Read MoreWhat is the role of Technology Center Directors in addressing new court or PTAB decisions?
Technology Center (TC) Directors play a crucial role in addressing new court or Patent Trial and Appeal Board (PTAB) decisions that may affect USPTO policy or practice. According to MPEP 1721: “When the TC Director believes that guidance to the Corps is warranted as a result of a decision, the TC Director should consult with…
Read MoreCan I request publication on a specific date?
No, the USPTO does not accommodate requests for publication on specific dates. As stated in MPEP 1129: “No consideration will be given to requests for publication on a certain date, and such requests will be treated as a request for publication as soon as possible.” This means that when you request early publication, the USPTO…
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