How does a request for suspension of action affect patent term adjustment?
How does a request for suspension of action affect patent term adjustment? A request for suspension of action can negatively impact patent term adjustment (PTA). According to MPEP 709: ‘Note that the period of suspension under 37 CFR 1.103(a)-(d) is calculated from the date of approval and is added to the time period for reply…
Read MoreWhat are specified time limits in patent examination?
Specified time limits in patent examination are situations where the examiner sets a specific timeframe for the applicant to take certain actions. According to MPEP 710.02(c), these time limits are used in cases where “the applicant’s failure to timely take the specified action results in a consequence other than abandonment.” Some examples of situations where…
Read MoreHow are sequence listings handled in the Image File Wrapper?
How are sequence listings handled in the Image File Wrapper? Sequence listings in patent applications are handled differently in the Image File Wrapper (IFW) system: Sequence listings, if filed on paper, are scanned into the IFW. If filed on compact disc (CD), the sequence listing is stored in the Automated Patent System (APS). A placeholder…
Read MoreWhat is the role of reminders in the Patentability Report process?
Reminders play an important role in ensuring the timely completion of Patentability Reports (P.R.s). According to MPEP 705.01(c), To ensure orderly progress in the reported dates, a timely reminder should be furnished to the TC making the P.R. This procedure helps maintain efficiency in the patent examination process by prompting the reporting Technology Center (TC)…
Read MoreCan I revive an abandoned patent application?
Can I revive an abandoned patent application? Yes, it is possible to revive an abandoned patent application under certain circumstances. The MPEP 711 states: ‘An abandoned application may be revived as a pending application if it is shown to the satisfaction of the Director that the delay was unavoidable (37 CFR 1.137(a)) or unintentional (37…
Read MoreWhat happens if the required information is unknown or not readily available?
If the information required by the USPTO is unknown or not readily available to the party from which it was requested, the applicant may still provide a complete reply. According to MPEP 704.10: Any reply to a requirement for information pursuant to this section that states either that the information required to be submitted is…
Read MoreCan examiners remove papers from the patent file wrapper?
Can examiners remove papers from the patent file wrapper? No, examiners are not permitted to remove papers from the patent file wrapper. The MPEP 724.01 clearly states: ‘No paper legally entered in the application file should be permanently removed from the file wrapper.’ This rule ensures the integrity and completeness of the patent record. If…
Read MoreWhat happens to the expiration date of a provisional patent application if it falls on a weekend or holiday?
If the 12-month pendency period of a provisional patent application expires on a weekend or federal holiday, it is extended to the next business day. According to MPEP 710.05: “The period of pendency of a provisional application will be extended to the next succeeding secular or business day which is not a Saturday, Sunday, or…
Read MoreHow are replies after final processed and considered by the USPTO?
The USPTO has specific guidelines for processing and considering replies after a final rejection, as outlined in MPEP 706.07(f): “Replies after final should be processed and considered promptly by all Office personnel.” This emphasizes the importance of timely handling of these responses. “Replies after final should not be considered by the examiner unless they are…
Read MoreWhat happens if Priority Mail Express® is returned to the USPTO as undeliverable?
What happens if Priority Mail Express® is returned to the USPTO as undeliverable? If Priority Mail Express® sent by the USPTO is returned by the USPS as undeliverable, the USPTO will retain the returned item and the envelope. According to MPEP 513: If any Priority Mail Express® sent by the Office to a patent applicant…
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