How does the USPTO handle conflicting affidavits or declarations in patent applications?
The USPTO has specific procedures for handling conflicting affidavits or declarations in patent applications. According to MPEP 716: ‘Where the examiner has specific knowledge of the existence of a particular reference or references which indicate nonpatentability of the applicant’s claims, he or she may use his or her knowledge in rejecting the claims without citing…
Read MoreHow does the USPTO handle actions by different examiners on the same application?
The USPTO has specific guidelines for handling actions by different examiners on the same patent application. According to MPEP 706.04: “Full faith and credit should be given to the search and action of a previous examiner unless there is a clear error in the previous action or knowledge of other prior art.” This means that:…
Read MoreWhat is the File Ordering System (FOS) and how is it used?
The File Ordering System (FOS) is a system used by patent examiners to order patented and abandoned paper files or artifact folders. MPEP 711.04(b) states: “To place such an order, the system requires a delivery organization (i.e. the examiner’s art unit), employee number, and patent number(s) and/or application number(s) of the file(s) that are needed.”…
Read MoreWhat happens if the USPTO fails to send a notice of abandonment?
What happens if the USPTO fails to send a notice of abandonment? If the USPTO fails to send a notice of abandonment, it does not affect the status of the application. According to MPEP 711.03(b): “The failure to receive a notice of abandonment has no effect on the fact that the application is abandoned.” This…
Read MoreHow does the USPTO handle expedited processing of amendments after final rejection?
The USPTO has established an expedited processing procedure for amendments and replies filed under 37 CFR 1.116 after final rejection. To use this procedure: For electronic filings (EFS-Web), describe the document as an “amendment after final rejection” For paper filings, mark the upper right portion of the amendment with “Reply under 37 CFR 1.116 —…
Read MoreHow does the USPTO count and record Patentability Reports?
The USPTO has specific procedures for counting and recording Patentability Reports (P.R.s). According to MPEP 705.01(c): When the P.R. is completed and the application is ready for return to the forwarding TC, it is not counted either as a receipt or action by transfer. Credit, however, is given for the time spent. This means that…
Read MoreHow does the USPTO ensure consistency in patent examination when dealing with previously allowed claims?
The USPTO has established guidelines to ensure consistency in patent examination, especially when dealing with previously allowed claims. According to MPEP 706.04, several measures are in place: Full Faith and Credit Principle: “Full faith and credit should be given to the search and action of a previous examiner unless there is a clear error in…
Read MoreWhat happens if a Notice of Abandonment is returned as undeliverable?
If a Notice of Abandonment is returned as undeliverable, the USPTO takes specific steps to ensure proper notification. According to MPEP 711.04(c): When Office notices are returned by the Postal Service, they are reviewed prior to disposal. If the Office can readily determine a new address, the undelivered notice is remailed. If the Office cannot…
Read MoreWhat types of papers are included in the patent file wrapper?
What types of papers are included in the patent file wrapper? The patent file wrapper contains a wide range of documents related to the patent application and examination process. As outlined in MPEP 724.01, the file wrapper should include: Amendments filed by the applicant Arguments presented by the applicant Prior art cited by the examiner…
Read MoreCan I request suspension of action after receiving a final Office action?
Can I request suspension of action after receiving a final Office action? Generally, a request for suspension of action is not appropriate after receiving a final Office action. The MPEP 709 states: ‘A request for suspension of action, if appropriate, may be filed with or after the filing of any reply to any Office action.…
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