What should I do if the Priority Mail Express® mailing label is not available?
What should I do if the Priority Mail Express® mailing label is not available? If the Priority Mail Express® mailing label is not available, you can still benefit from the Priority Mail Express® date using an alternative procedure. The MPEP 513 provides guidance: In the event the Priority Mail Express® mailing label is not available,…
Read MoreCan I use Priority Mail Express® for international patent applications?
Can I use Priority Mail Express® for international patent applications? Yes, you can use Priority Mail Express® for international patent applications. The MPEP 513 states: Priority Mail Express® and certificate of mailing procedures … apply to papers filed in international applications as well. However, it’s important to note that there are specific requirements for international…
Read MoreWhat happens to my priority claim if my patent application is abandoned?
What happens to my priority claim if my patent application is abandoned? When a patent application is abandoned, it can affect your priority claim in subsequent applications. According to MPEP 711: ‘An application which has been expressly abandoned may not be revived as a pending application and cannot serve as a basis for any subsequent…
Read MoreWhat is a prima facie case of unpatentability?
A prima facie case of unpatentability is a legal concept used in patent examination. According to MPEP 724, it is defined as follows: A prima facie case of unpatentability is established when the information compels a conclusion that a claim is unpatentable under the preponderance of evidence, burden-of-proof standard, giving each term in the claim…
Read MoreWhat happens to papers filed after the mailing of a Notice of Allowance in an IFW application?
What happens to papers filed after the mailing of a Notice of Allowance in an IFW application? For Image File Wrapper (IFW) applications, papers filed after the mailing of a Notice of Allowance are handled as follows: Papers are scanned into the IFW. The papers are forwarded to the Office of Data Management. As stated…
Read MoreHow does filing a petition to make special affect prioritized examination status?
How does filing a petition to make special affect prioritized examination status? Filing a petition to make special can affect the prioritized examination status of an application. The MPEP 708.02(b) states: “If an applicant files a petition to make special under 37 CFR 1.102(c) or (d) while a request for prioritized examination under 37 CFR…
Read MoreWhat happens if a patent filing deadline falls on a weekend or federal holiday?
If a patent filing deadline falls on a weekend or federal holiday, the action can be taken or the fee paid on the next business day. According to MPEP 710.05: “When the day, or the last day, for taking any action or paying any fee in the United States Patent and Trademark Office falls on…
Read MoreHas the importance of paper type for patent applications changed with digital record-keeping?
Yes, the importance of paper type for patent applications has diminished due to digital record-keeping practices at the USPTO. According to MPEP 714.07: Because application papers are now maintained in an Image File Wrapper, the type of paper is unlikely to be an issue so long as the Office is able to scan and reproduce…
Read MoreWhat options are available if my patent application is abandoned?
If your patent application is abandoned, you have several options depending on the circumstances: Petition to Revive: In most cases, filing a petition to revive under 37 CFR 1.137 is the appropriate remedy. The MPEP states, In most cases, a petition to revive under 37 CFR 1.137 will be the appropriate remedy. Petition to Withdraw…
Read MoreHow can an applicant obtain copies of papers submitted to the USPTO?
If an applicant needs copies of papers submitted to the USPTO, they can request them from the Office. However, this service is not free. As stated in Form Paragraph 7.214 of MPEP 719.01: If applicant has not preserved copies of the papers, the Office will furnish copies at applicant’s expense. See 37 CFR 1.19 for…
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