When can an attorney or agent not of record change the correspondence address?
The MPEP provides specific guidance on when an attorney or agent not of record can change the correspondence address. It states: See MPEP § 402.03 for information regarding when a change of correspondence address or a document granting access (i.e., a power to inspect) may be signed by an attorney or agent who is not…
Read MoreWhat are the requirements for a registered practitioner to obtain access to an application?
What are the requirements for a registered practitioner to obtain access to an application? According to MPEP 405, a registered practitioner may obtain access to an application if they fulfill the following requirements: The practitioner must be acting in a representative capacity The practitioner must have proper authority from the applicant or attorney or agent…
Read MoreCan an inventor’s attorney conduct an interview without a power of attorney?
Can an inventor’s attorney conduct an interview without a power of attorney? Yes, an inventor’s attorney can conduct an interview without a power of attorney under certain conditions. The MPEP 405 provides guidance on this matter: Interviews may be granted to an attorney or agent who is not of record in an application if the…
Read MoreWhat is the procedure for an examiner to verify an attorney’s authority during an interview?
What is the procedure for an examiner to verify an attorney’s authority during an interview? When conducting an interview with an attorney or agent who is not of record, the examiner must follow a specific procedure to verify their authority. According to MPEP 405: If an attorney or agent not of record in an application…
Read MoreHow does the USPTO encourage interviews to expedite patent prosecution?
The USPTO actively encourages the use of interviews to expedite patent prosecution. According to MPEP § 408, The Office encourages the use of interviews to expedite prosecution. When an examiner believes an interview would advance the application’s progress, they may contact the patent practitioner of record to suggest a telephonic, personal, or video conference interview.…
Read MoreHow does the USPTO assign application numbers to continuation or divisional applications?
How does the USPTO assign application numbers to continuation or divisional applications? The USPTO assigns application numbers to continuation or divisional applications in the same manner as new applications. According to MPEP 503: A continuation or divisional application (including a continued prosecution application) filed under 37 CFR 1.53(b) is assigned a new application number. This…
Read MoreHow are patent applications handled upon receipt at the USPTO?
Patent applications are electronically scanned and loaded into the Image File Wrapper (IFW) system upon filing. As stated in the MPEP, All applications are electronically scanned and loaded into the Image File Wrapper (IFW) system upon filing. This digital system allows examiners, technical support staff, and other Office personnel to perform further processing and examination…
Read MoreWhat happens to incoming communications after a patent is granted or an application is abandoned?
After a patent is granted or an application is abandoned, the USPTO has specific procedures for handling incoming communications. According to the MPEP, After an application is patented or abandoned, any incoming communication which is not to become part of the record will be returned to the sender. In the case of digital documents, the…
Read MoreWhat is the procedure when a patent or application file becomes unlocatable?
When a patent or application file cannot be located after a reasonable search, the USPTO has a specific procedure outlined in 37 CFR 1.251. The Office will notify the applicant or patentee and set a time period for compliance with one of the following options: Provide a copy of all correspondence records between the Office…
Read MoreHow does the USPTO handle assignment documents that contain errors?
How does the USPTO handle assignment documents that contain errors? The USPTO has procedures in place for handling assignment documents with errors: Minor errors: The USPTO may correct minor errors in assignment documents without requiring a new submission. As stated in MPEP 302: ‘Minor corrections to documents recorded pursuant to 37 CFR 3.11 will be…
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