How are Patentability Reports counted and recorded by the USPTO?
The USPTO has specific procedures for counting and recording Patentability Reports (P.R.s). According to MPEP 705.01(c): “The forwarding of the application for a Patentability Report is not to be treated as a transfer by the forwarding Technology Center (TC). When the P.R. is completed and the application is ready for return to the forwarding TC,…
Read MoreHow are appeals handled in cases involving Patentability Reports?
When an appeal is taken from the rejection of claims in a case involving a Patentability Report, specific procedures are followed. According to MPEP 705.01(a): “When an appeal is taken from the rejection of claims, all of which are examinable in the TC preparing a Patentability Report, the application should be transferred to said TC…
Read MoreWhen is the mailing date added to a USPTO Office action?
The mailing date for a USPTO Office action is not typed when the action is initially written. According to MPEP 707.11, “The mailing date should not be typed when the Office action is written, but should be stamped or printed on all copies of the action after it has been signed by the authorized signatory…
Read MoreCan the mailing date on a USPTO Office action be different from the date it was written?
Yes, the mailing date on a USPTO Office action can be, and often is, different from the date it was written. This is evident from the procedure described in MPEP 707.11: “The mailing date should not be typed when the Office action is written, but should be stamped or printed on all copies of the…
Read MoreHow does the USPTO handle amendments that are not fully responsive?
How does the USPTO handle amendments that are not fully responsive? The USPTO has a specific procedure for handling amendments that are not fully responsive to a previous Office action. According to MPEP 714.03: “If a timely reply is received in the Office which fails to be a complete response to the prior Office action…
Read MoreHow does the USPTO handle amendments signed by suspended or excluded practitioners?
The USPTO takes a strict approach to amendments signed by practitioners who have been suspended or excluded from practice. According to MPEP 714.01(a): An amendment signed by a practitioner who has been suspended or excluded from practice under the provisions of 37 CFR Part 11 is not entered. In such cases, the file and unentered…
Read MoreWhat happens if an amendment is unsigned or improperly signed?
According to MPEP 714.01(a), an unsigned or improperly signed amendment will not be entered into the application. The MPEP states: An unsigned amendment or one not properly signed by a person having authority to prosecute the application is not entered. If an unsigned or improperly signed amendment is received, the examiner will: List the amendment…
Read MoreWhat happens if an amendment is unsigned or improperly signed?
An unsigned amendment or one not properly signed by a person having authority to prosecute the application is not entered into the application. The MPEP states: An unsigned amendment or one not properly signed by a person having authority to prosecute the application is not entered. (MPEP 714.01(a)) The examiner will notify the applicant of…
Read MoreWhat is the time frame for ratifying an unsigned or improperly signed amendment?
When an unsigned or improperly signed amendment is received, the USPTO provides applicants with an opportunity to ratify the amendment. According to MPEP 714.01(a): In an application not under final rejection, applicant should be given a two month time period in which to ratify the previously filed amendment (37 CFR 1.135(c)). This two-month period allows…
Read MoreCan a request for suspension of action be filed after an Office action has been mailed?
Can a request for suspension of action be filed after an Office action has been mailed? No, a request for suspension of action cannot be filed after an Office action has been mailed. The MPEP 709 states: ‘A request for suspension of action, if appropriate, should be filed prior to the issuance of an Office…
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