What happens if a patent application is in condition for allowance except for a required deposit?
If a patent application is in condition for allowance except for a required deposit, the USPTO may notify the applicant and set a three-month period for making the deposit. As stated in MPEP 2411.03: “[T]he Office may notify the applicant in a notice of allowability and set a three month period of time from the…
Read MoreCan a party lose on one issue but not on another in a patent interference?
Yes, it is possible for a party to lose on one issue but not on another in a patent interference proceeding. The MPEP 2308.03(a) clearly states: “A party may lose on one issue, yet not lose on a different issue.” This means that the outcome of an interference can be nuanced, with different determinations made…
Read MoreWhat is the panel review process in patent reexamination?
The panel review process is an additional layer of quality control in patent reexamination. According to MPEP § 2289: “In addition to the CRU SPRS or TC QAS review of the reexamination cases, a panel review is made prior to issuing Office actions as set forth in MPEP § 2271.01.” This panel review helps ensure…
Read MoreHow are overlapping delay periods handled in patent term adjustment calculations?
The handling of overlapping delay periods in patent term adjustment (PTA) calculations is addressed in MPEP 2731. The key principle is that the total PTA cannot exceed the actual number of days the issuance of the patent was delayed. Specifically: “37 CFR 1.703(f) indicates that the adjustment will run from the expiration date of the…
Read MoreWhat is the “No Second Interference” rule in patent law?
The “No Second Interference” rule in patent law refers to the principle that there should not be a second interference proceeding between the same parties on patentably indistinct subject matter. This rule is outlined in MPEP 2308.03(c), which states: “No second interference should occur between the same parties on patentably indistinct subject matter.” This rule…
Read MoreHow are “new matter” amendments handled in reexamination proceedings?
“New matter” amendments are treated strictly in reexamination proceedings. According to MPEP 2270: “Any ‘new matter’ amendment to the disclosure (35 U.S.C. 132) will be required to be canceled, and claims containing new matter will be rejected under 35 U.S.C. 112. A ‘new matter’ amendment to the drawing is ordinarily not entered.” This means that…
Read MoreWhat are the requirements for submitting new drawing sheets in reexamination?
When submitting new drawing sheets in a reexamination proceeding, there are specific requirements that must be followed: New sheets must be submitted for each drawing sheet that is changed or amended. If a new drawing sheet contains multiple figures, each figure must be properly identified according to 37 CFR 1.530(d)(3): “Amended figures must be identified…
Read MoreCan multiple protests be submitted by different people representing the same real party in interest?
While multiple protests can be submitted, they cannot be used to circumvent the requirements for subsequent protests by the same real party in interest. The MPEP 1901.01 clearly states: “The requirements of 37 CFR 1.291(c)(5) cannot be avoided by multiple protests submitted by different people representing the same real party in interest.” This means that…
Read MoreCan original patent drawings be modified during reexamination?
No, original patent drawings cannot be directly modified during reexamination. The Manual of Patent Examining Procedure (MPEP) 2666.02 clearly states: “The change may not be made on the original patent drawings.” Instead, the process for changing patent drawings during reexamination involves: Submitting a sketch with proposed changes on a separate paper, labeled as “Annotated Sheet.”…
Read MoreHow is a reexamination proceeding concluded when merged with a reissue proceeding?
When a reexamination proceeding is merged with a reissue proceeding, it can be concluded under 37 CFR 1.570(e). According to MPEP 2294, the process involves: Granting a reissue patent instead of issuing an individual reexamination certificate Processing the merged proceeding as set forth in MPEP § 1455 and MPEP § 1456 The MPEP states: “The…
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