What is the Technology Center responsible for plant patent applications?
Plant patent applications are assigned to Technology Center (TC) 1600 at the United States Patent and Trademark Office (USPTO). According to MPEP 909.02(a): “New nonprovisional design and plant applications are assigned to Technology Centers (TCs) 2900 and 1600, respectively, in the first instance by the Office of Patent Application Processing (OPAP).” TC 1600 specializes in…
Read MoreWhich Technology Center handles design patent applications?
Design patent applications are handled by Technology Center (TC) 2900 at the United States Patent and Trademark Office (USPTO). As stated in MPEP 909.02(a): “New nonprovisional design and plant applications are assigned to Technology Centers (TCs) 2900 and 1600, respectively, in the first instance by the Office of Patent Application Processing (OPAP).” This assignment to…
Read MoreHow does the USPTO protect applicants from improper restriction requirements?
The USPTO has measures in place to protect applicants from potential negative consequences of improper restriction requirements. MPEP 803.01 states: “Notwithstanding the fact that this section of the statute apparently protects the applicant against the dangers that previously might have resulted from compliance with an improper requirement for restriction, IT STILL REMAINS IMPORTANT FROM THE…
Read MoreHow does the USPTO handle “prompt action” for substantially allowable applications?
The USPTO takes “prompt action” on substantially allowable applications to expedite their processing. According to MPEP § 1301: “When an application is in condition for allowance, except as to matters of form, the application will be considered special and prompt action taken to require correction of formal matters.” This prompt action typically involves: Quickly identifying…
Read MoreHow are patent applications processed when drawings need correction?
When a patent application requires drawing corrections before issuance, the USPTO follows a specific process as outlined in MPEP 1302.05: Allowance Processing: The application is first processed for allowance in the Technology Center. Forwarding: It is then forwarded to the Office of Data Management. Document Matching: Any subsequent papers filed by the applicant, including replacement…
Read MoreHow does the USPTO handle overpayment of issue or publication fees?
The USPTO has specific procedures for handling overpayments of issue or publication fees. According to MPEP 1306: “An overpayment of an issue fee will be refunded to the applicant or, if the applicant so instructs, may be applied to another application of the applicant. Overpayment of less than $1 will not be refunded unless specifically…
Read MoreWhat is the internal time limit for the USPTO to prepare the international preliminary examination report?
According to MPEP 1879.01, while the official time limit for establishing the international preliminary examination report is 28 months from the priority date, the USPTO has set an internal deadline: “This time limit is 27 months internally to ensure sufficient time to process, review and mail the report in sufficient time to reach the International…
Read MoreHow does the USPTO handle markings on returned Notices of Allowance?
The USPTO has a specific procedure for handling markings on returned Notices of Allowance. According to MPEP 1303.02: “The original document, a copy of the returned document with any markings, and the remailed document should be retained in the application so that the file history is clear.” This process ensures that: Any markings on the…
Read MoreHow does the USPTO handle reissue applications with defective oaths or declarations?
The USPTO has specific procedures for handling reissue applications with defective oaths or declarations. According to MPEP 1414: “If the reissue oath/declaration is defective and the applicant has not filed a proper oath or declaration or has not used a proper alternative statement, the Office will reject the reissue application as based upon a defective…
Read MoreWhat are the possible statuses of a file order request in the USPTO’s File Ordering System?
When an examiner places a file order request through the USPTO’s File Ordering System (FOS), they receive a response with one of the following statuses: Accepted Accepted, but the file is located at a remote warehouse (increased delivery time) Not accepted because the file is not located at the repository or warehouse Not accepted because…
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