Can 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…
Read MoreWhat happens after a CPA is established?
After a Continued Prosecution Application (CPA) is established, the USPTO proceeds with examination. According to MPEP ¶ 2.35: Accordingly, the request for a CPA application is acceptable and a CPA has been established. An action on the CPA follows. This means that once the CPA is established, the examiner will review the application and issue…
Read MoreHow does an examiner inform an applicant about a non-compliant CPA request?
When a Continued Prosecution Application (CPA) request for a design patent application is not compliant with the regulations, the examiner informs the applicant using a specific form paragraph. The MPEP provides guidance on this: Use this form paragraph to inform applicant that a request for a CPA in a design application is not in compliance…
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