Can an applicant sign an amendment if they have an attorney of record?
Yes, an applicant other than a juristic entity can sign an amendment even if they have an attorney of record. The Manual of Patent Examining Procedure (MPEP) states: If an amendment signed by the applicant, other than a juristic entity, is received in an application in which there is a duly appointed attorney or agent,…
Read MoreWhat happens if an attorney not of record signs an amendment?
If an amendment is signed by an attorney or agent not of record, the following actions will be taken: The amendment will be entered in the application file. The amendment will be considered by the examiner. The examiner will notify the applicant that the attorney or agent is not of record. According to MPEP 714.01(c):…
Read MoreWho signs a patent office action?
The signing of patent office actions follows a specific protocol as outlined in MPEP 707.08. The key points are: The full surname of the examiner who prepares the Office action is typed at the end of the action. If the preparing examiner has the authority to sign the action, they will do so. If the…
Read MoreWhen should an interview be granted during patent examination?
An interview should be granted when it can contribute to the progress of the patent application. According to MPEP 713: “An interview should be granted when the nature of the case is such that the interview serves to develop or clarify outstanding issues in an application.” This means interviews are particularly useful when they can:…
Read MoreCan a requirement for information be made after the first Office action in a patent application?
Can a requirement for information be made after the first Office action in a patent application? Yes, a requirement for information can be made after the first Office action in a patent application. The MPEP 704.11(b) states: A requirement for information may be made at any time once the necessity for it is recognized and…
Read MoreHow are amendments after notice of allowance processed by the USPTO?
Amendments after notice of allowance are processed through several steps at the USPTO. According to MPEP 714.16(d): Amendments are sent to the Office of Patent Application Processing (OPAP) for scanning and uploading into the IFW. OPAP messages the Office of Data Management, which reviews the message. The message is forwarded to the Technology Center (TC)…
Read MoreHow does the USPTO handle situations where the requirements for the AIA 35 U.S.C. 102(b)(2)(C) exception are not fully met?
How does the USPTO handle situations where the requirements for the AIA 35 U.S.C. 102(b)(2)(C) exception are not fully met? When the requirements for invoking the AIA 35 U.S.C. 102(b)(2)(C) exception are not fully met, the USPTO follows a specific procedure. According to MPEP 717.02(b): “If the requirements have not been met, the examiner will…
Read MoreHow does the USPTO handle amendments signed by applicants when there’s an attorney of record?
When an applicant signs an amendment in a patent application with an attorney of record, the USPTO follows a specific procedure: The amendment is entered and acted upon. Two copies of the action are prepared. One copy is sent to the attorney of record. The other copy is sent directly to the applicant. The MPEP…
Read MoreHow is a Patentability Report prepared and what does it include?
A Patentability Report is prepared by the primary examiner in the requested Technology Center (TC) after approving the request. According to MPEP 705.01(a): “This Patentability Report is in memorandum form and will include the citation of all pertinent references and a complete action on all claims involved. The field of search covered must be recorded…
Read MoreHow is the sequence of examination determined in Patentability Report cases?
The sequence of examination in Patentability Report (P.R.) cases is determined through collaboration between supervisory patent examiners. According to MPEP 705.01(b): “In the event that the supervisory patent examiners concerned in a P.R. case cannot agree as to the order of examination by their Technology Centers (TCs), the supervisory patent examiner having jurisdiction of the…
Read More