How 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…
Read MoreWhen does the USPTO attempt to retrieve foreign applications under PDX?
The USPTO’s timing for retrieving foreign applications under PDX is described in MPEP 215.01: In general, an attempt to retrieve an eligible foreign application to which priority is claimed in a U.S. application will be made by the USPTO when the application is docketed to an examiner. In any case the USPTO will not attempt…
Read MoreWhat procedures can be used for resubmitting returned patent documents?
The USPTO provides specific procedures for resubmitting returned patent documents. According to MPEP 317.01: “The procedure set forth in § 1.8 or § 1.10 of this chapter may be used for resubmissions of returned papers to have the benefit of the date of deposit in the United States Postal Service.” This means that when resubmitting…
Read MoreWhat happens if a suspended practitioner is given power to inspect a patent application?
If a suspended practitioner is given power to inspect a patent application, the USPTO will not accept it. MPEP 105 clearly states: “Power to inspect given to such an attorney or agent will not be accepted.” This means that even if an applicant or inventor attempts to grant inspection rights to a suspended practitioner, the…
Read MoreWill the USPTO return annotated sheets submitted for patent drawing corrections?
No, the USPTO does not return annotated sheets submitted for patent drawing corrections. According to MPEP 608.02(v), “Annotated sheets filed by an applicant and used for correction of the drawing will not be returned.” This policy ensures that the USPTO maintains a complete record of all proposed changes to the patent drawings throughout the examination…
Read MoreHow does the USPTO ‘return’ papers in the Image File Wrapper (IFW) system?
For papers that have been scanned into the Image File Wrapper (IFW) system, the USPTO has a specific procedure for ‘returning’ them. According to MPEP 508.02: “If a paper has been scanned into the IFW, ‘return’ of the paper will be accomplished by the Office closing it in IFW.” This means that instead of physically…
Read MoreHow does the USPTO maintain separation between assignment documents and patent files?
The USPTO maintains a clear separation between assignment documents and patent files to ensure proper organization and management of records. MPEP 318 specifies: “Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.” This separation is maintained by: Directing assignment documents…
Read MoreWhat are the storage procedures for models, exhibits, and specimens at the USPTO?
The USPTO has specific procedures for storing models, exhibits, and specimens. According to MPEP 608.03(a): ‘All models and exhibits in easily transportable form which are admitted to the application or proceeding are officially filed and entered of record in the file wrapper. A receipt for the same is given to the applicant or party by…
Read MoreHow does an assignee become of record in a patent application?
How does an assignee become of record in a patent application? An assignee must become of record in a patent application before they can revoke the power of attorney given by the applicant. According to MPEP 402.07, this process involves: Filing a statement under 37 CFR 3.73(c) Complying with the requirements of 37 CFR 3.71…
Read MoreCan an assignee conduct patent prosecution after attorney withdrawal?
Yes, an assignee can conduct patent prosecution after attorney withdrawal under certain conditions: The assignee must have originally appointed the withdrawing attorney or agent. The assignee becomes recognized by the Office for all purposes in the application. The assignee can sign amendments and other papers related to the prosecution. The MPEP 402.06 states: ‘If the…
Read More