What happens if a voluntary publication request doesn’t meet the requirements?
If a request for voluntary publication does not meet the specified requirements, particularly the Electronic Filing System (EFS) requirements, the USPTO will not process the request and will refund the publication fee. MPEP 1133 states: “If the request does not comply with the requirements of this paragraph or the copy of the application does not…
Read MoreWhat happens if an applicant cancels claims without an express election statement?
When an applicant cancels claims without making an express election statement, MPEP 818.02(d) provides guidance: If the applicant’s reply to a restriction requirement doesn’t expressly state the elected invention, But cancels claims to all but one of the inventions, The remaining invention is deemed to be the elected invention. The MPEP states: “If applicant’s reply…
Read MoreWhat is the process for changing inventorship on a patent after it has been issued?
Changing inventorship on an issued patent requires a specific process, as outlined in MPEP § 1481.02. According to MPEP 1002.02(l), “Request to change inventorship pursuant to court order, 37 CFR 1.324, MPEP § 1481.02” is decided by the Certificates of Correction Branch. The process typically involves: Obtaining a court order directing the change in inventorship…
Read MoreWhat types of requests are decided by the Certificates of Correction Branch?
The Certificates of Correction Branch decides on several types of requests, including: Requests for Certificates of Correction under 37 CFR 1.322 or 1.323, with some exceptions Petitions to issue a corrected patent under 37 CFR 1.322(b) Requests to change inventorship pursuant to court order under 37 CFR 1.324 As stated in MPEP 1002.02(l): “Requests for…
Read MoreWhat is the difference between correcting a patent with a Certificate of Correction and a reissue application?
The choice between a Certificate of Correction and a reissue application depends on the nature and extent of the error in the patent. According to MPEP 1481: Certificate of Correction: Used for clerical or typographical errors, or mistakes of minor character Cannot involve changes that would constitute new matter or require reexamination Cannot be used…
Read MoreCan a Certificate of Correction be used to add or remove an inventor from a patent?
A Certificate of Correction can be used to add or remove an inventor from a patent, but only under specific circumstances and with proper documentation. According to MPEP 1481: “Correction of inventorship in a patent may be requested under 37 CFR 1.324. See MPEP § 1412.04 for a discussion of the requirements of 37 CFR…
Read MoreCan a Certificate of Correction be used to extend the scope of a patent claim?
No, a Certificate of Correction cannot be used to extend the scope of a patent claim. The purpose of a Certificate of Correction is to correct minor errors or mistakes, not to substantively change the patent’s scope or add new matter. According to MPEP 1481: “A mistake in a patent may be corrected by certificate…
Read MoreWhat is the purpose of C* designations in patent application classification?
C* designations play a crucial role in the classification of patent applications at the USPTO. According to MPEP 909.01(b): “Every nonprovisional utility application, new or amended, and including the drawings, if any, when first received by the USPTO must be fully classified and have C* designations assigned to those CPC symbols on the application that…
Read MoreWhat happens after a civil action under 35 U.S.C. 145 or 146 is terminated?
After a civil action under 35 U.S.C. 145 or 146 is terminated, the following steps occur: A statement of the court’s final disposition is placed in the electronic file. The file is returned to the examiner for action. The examiner follows the same procedures as those following the termination of a 35 U.S.C. 141 appeal.…
Read MoreWhat is the procedure for admitting a model or exhibit as part of a patent application record?
To admit a model or exhibit as part of a patent application record, you need to file a petition under 37 CFR 1.91. The MPEP states: “Petitions under 37 CFR 1.91 to admit a model or exhibit as part of the record of an application, MPEP § 608.03.“ Key points to consider: The Technology Center…
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