How can I prevent a holding of abandonment in my patent application?
How can I prevent a holding of abandonment in my patent application? To prevent a holding of abandonment in your patent application, you should: File all required responses within the specified time periods. If needed, request extensions of time before the original deadline expires. Keep accurate records of all communications with the USPTO. Monitor the…
Read MoreWhat is the process for signing and scanning patent examiner actions?
The process for signing and scanning patent examiner actions involves several steps: The assistant examiner (if any) initials the original action. The authorized signatory examiner signs the action. The signed action is soft scanned into the image file wrapper. After scanning, the action is made available electronically or mailed as copies. According to MPEP 707.12:…
Read MoreWho is responsible for signing patent examiner actions?
Patent examiner actions are signed by two key individuals: Assistant Examiner: Initials the original action (if an assistant examiner is involved). Authorized Signatory Examiner: Signs the action, providing official approval. The MPEP 707.12 states: Access to the examiner’s action is given electronically or copies are mailed after the original, initialed by the assistant examiner, if…
Read MoreWhat steps are involved in the patent examination process after the search is completed?
The patent examination process after the search involves several key steps, as outlined in MPEP 707.01: The assistant examiner explains the invention to the primary examiner. They discuss the most pertinent references found during the search. The primary examiner indicates the action to be taken, which may include: Requiring restriction or election of species Considering…
Read MoreWhat information is recorded when a new patent application is received?
When a new patent application is received at a Technology Center, specific information is recorded in the application file. According to MPEP § 719.03, the following information is noted: The classification of the application The initials or name of the examiner who will examine the application Or other assigned docket designation The MPEP states: When…
Read MoreWhat is a ‘holding of abandonment’ in patent applications?
A ‘holding of abandonment’ in patent applications occurs when the USPTO determines that an application has been abandoned due to the applicant’s failure to respond within the specified time period. As implied in MPEP 711.03(b), this can happen when: An amendment or reply is received after the expiration of the period for reply There is…
Read MoreWhat happens when a new patent application is received in a Technology Center?
When a new patent application is received in a Technology Center, two key actions are taken: The classification of the application is noted in the application file. The initials or name of the examiner who will examine the application, or other assigned docket designation, are recorded in the file. As stated in MPEP § 719.03:…
Read MoreWhat happens if multiple correspondence addresses are specified in a pre-AIA patent application?
When multiple correspondence addresses are specified in a pre-AIA patent application, the USPTO follows a specific order to select which address to use. According to MPEP 403.01(b): Where more than one correspondence address is specified, the Office will select one of the correspondence addresses for use as the correspondence address. This is intended to cover,…
Read MoreWhat does MPEP 707.07(h) cover regarding amendments?
MPEP 707.07(h) covers the topic of notifying applicants about inaccuracies in amendments. The section specifically directs readers to MPEP § 714, subsection II. G for detailed information on this subject. This section is crucial for patent examiners and applicants to ensure that amendments are accurately processed and any issues are promptly addressed. To learn more:…
Read MoreWhat should examiners do when indicating allowable subject matter?
When an examiner’s action indicates allowable subject matter but there are still formal requirements, the examiner should: Call attention to 37 CFR 1.111(b) State that a complete reply must either comply with all formal requirements or specifically traverse each requirement not complied with The MPEP 707.07(a) states: “When any formal requirement is made in an…
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