Can a request for suspension of action be filed after a non-final Office action?
Can a request for suspension of action be filed after a non-final Office action? Yes, a request for suspension of action can be filed after a non-final Office action, but there are specific requirements. According to MPEP 709: “A request for suspension of action, if filed after the date of issue or allowance of an…
Read MoreWhat happens if a suspension of action expires during a national emergency?
What happens if a suspension of action expires during a national emergency? During a national emergency, such as the COVID-19 pandemic, the USPTO may provide additional flexibility regarding suspensions of action. According to MPEP 709, ‘In extraordinary situations, such as when the Director declares an emergency or a disaster, the Director or designee may permit…
Read MoreWhat is the standard order of examination for nonprovisional patent applications?
Nonprovisional patent applications are typically examined in the order they are filed, with some exceptions. As stated in the MPEP: “Nonprovisional applications are ordinarily taken up for examination by the examiner to whom they have been assigned in the order in which they have been filed except for those applications in which examination has been…
Read MoreWhat is soft scanning in the context of patent examination?
Soft scanning in the context of patent examination refers to the process of digitizing physical documents into electronic format for inclusion in the image file wrapper. This process is crucial for maintaining accurate and accessible digital records of all patent-related documents. The MPEP 707.12 mentions soft scanning: Access to the examiner’s action is given electronically…
Read MoreWho is responsible for adding the mailing date to USPTO Office actions?
While MPEP 707.11 does not explicitly state who is responsible for adding the mailing date, it provides guidance on the process: “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 MoreWhat options does an applicant have when responding to formal requirements?
When responding to formal requirements in a patent application, an applicant has two main options: Comply with all formal requirements Specifically traverse each requirement not complied with This is based on 37 CFR 1.111(b) and MPEP 707.07(a), which state: “a complete reply must either comply with all formal requirements or specifically traverse each requirement not…
Read MoreWhat are the requirements for making a second or subsequent action final in patent examination?
According to MPEP 706.07, a second or any subsequent action on the merits can be made final, except where the examiner introduces a new ground of rejection that is neither necessitated by applicant’s amendment of the claims nor based on information submitted in an information disclosure statement filed during the period set forth in 37…
Read MoreWhat are the requirements for a request for deferral of examination under 37 CFR 1.103(d)?
What are the requirements for a request for deferral of examination under 37 CFR 1.103(d)? A request for deferral of examination under 37 CFR 1.103(d) has specific requirements. According to MPEP 709: “A request for deferral of examination under 37 CFR 1.103(d) must include the following: (A) A period of suspension, in a whole number…
Read MoreCan a registered patent attorney sign an amendment without being of record?
Yes, a registered patent attorney can sign an amendment without being of record, but there are important considerations: The amendment will be entered and considered by the examiner. The attorney will be notified that they are not of record. Future communications may be restricted without proper documentation. The MPEP 714.01(c) clarifies: If an amendment is…
Read MoreWhat is the procedure for reclaiming exhibits in patent applications?
The procedure for reclaiming exhibits in patent applications involves: The USPTO sending a letter to the applicant requesting reclamation within a specified time. The applicant must comply with the request within the given timeframe. Failure to respond is considered authorization for the USPTO to dispose of the exhibits. MPEP 715.07(d) specifies: When a letter is…
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