When does the USPTO set time periods that are not subject to extensions?
The USPTO may set time periods that are not subject to extensions under certain circumstances, as explained in MPEP 710.02(c): “Where the condition of the application requires that such action not be subject to extensions under 37 CFR 1.136, the action should specify that the provisions of 37 CFR 1.136 (or 1.136(a)) do not apply…
Read MoreWhat is the ‘next succeeding business day’ rule for patent application deadlines?
The ‘next succeeding business day’ rule for patent application deadlines is a provision that automatically extends the statutory period when the last day falls on a non-business day. Here’s how it works: If the last day of a statutory period falls on a Saturday, Sunday, or federal holiday in Washington, D.C., the period is extended…
Read MoreWhat happens if an Accelerated Examination application becomes involved in proceedings outside the normal examination process?
When an Accelerated Examination application becomes involved in proceedings outside the normal examination process: The USPTO will treat the application as special before and after such proceedings During the proceedings, the application will not be accelerated The application will be processed expeditiously once the proceedings are completed The final disposition may occur later than twelve…
Read MoreCan an applicant withdraw from the Accelerated Examination program?
While there is no formal process for “withdrawal” from the Accelerated Examination program, an applicant can effectively exit the program by: Filing a petition for extension of time, which will result in the application being taken out of the program Abandoning the application in favor of a continuing application (which will not automatically receive special…
Read MoreHow does the USPTO handle perishable models, exhibits, or specimens?
The USPTO has special procedures for handling perishable models, exhibits, or specimens: The Office will dispose of perishables without notice to the applicant, unless otherwise arranged. Applicants must notify the Office upon submission if they desire the return of a perishable item. If return is desired, applicants must make prompt arrangements for return upon notification…
Read MoreHow does the USPTO handle status inquiries for unpublished applications?
How does the USPTO handle status inquiries for unpublished applications? The USPTO has specific procedures for handling status inquiries for unpublished applications: Status information is only provided to applicants, their attorneys or agents, or assignees of record. Third parties cannot receive status information about unpublished applications. The USPTO may confirm the filing date, application number,…
Read MoreHow does the USPTO handle unacceptable multiple dependent claims?
How does the USPTO handle unacceptable multiple dependent claims? The USPTO has specific procedures for handling unacceptable multiple dependent claims: If an application contains an unacceptable multiple dependent claim, the examiner should object to the claim under 37 CFR 1.75(c). The applicant may cancel the unacceptable multiple dependent claim, amend it to become a single…
Read MoreHow are incomplete patent documents handled by the USPTO?
The USPTO has a specific process for handling incomplete patent documents. According to MPEP 317.01: “Documents not meeting the other requirements for recording, for example, a document submitted without a completed cover sheet or without the required fee, will be returned for correction to the sender where a correspondence address is available.” This means that…
Read MoreHow does USPTO verify gross income for micro entity status?
How does USPTO verify gross income for micro entity status? The USPTO generally does not independently verify the gross income of applicants claiming micro entity status. According to MPEP 509.04(a): “The Office does not generally question certification of micro entity status but may require additional information on a case-by-case basis.” However, applicants are required to…
Read MoreHow does the USPTO handle patent applications during postal service emergencies?
During postal service emergencies, the USPTO takes special measures to ensure patent applications are handled appropriately: The USPTO Director may designate the interruption or emergency as a ‘postal service interruption or emergency’ under 35 U.S.C. 21(a). This designation allows for the acceptance of filings that would have been timely filed if not for the postal…
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