When did the current version of 37 CFR 1.56 become applicable?
The applicability of the current version of 37 CFR 1.56, particularly paragraph (c)(3), depends on the filing date of the patent application. According to the MPEP: “[Editor Note: Para. (c)(3) below is applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012.]” This means that for patent…
Read MoreWhat is the significance of 37 CFR 1.515(c) in patent reexamination?
37 CFR 1.515(c) is a regulation that allows for a petition to challenge an examiner’s determination in a reexamination proceeding. The MPEP § 2255 states: “However, if a petition under 37 CFR 1.515(c) is granted after an examiner’s determination that found the request did not raise any SNQ, the reexamination will generally be conducted by…
Read MoreAre there any special rules for plant patent applications?
While MPEP 1602 indicates that general patent rules apply to plant patents, it also suggests that there are some exceptions. The section states: “The rules relating to applications for patent for other inventions or discoveries are also applicable to applications for patents for plants except as otherwise provided.” This implies that there are indeed some…
Read MoreWhat rules apply to plant patent applications?
According to MPEP 1602, the general rules for patent applications also apply to plant patent applications, with some exceptions. Specifically, 37 CFR 1.161 states: “The rules relating to applications for patent for other inventions or discoveries are also applicable to applications for patents for plants except as otherwise provided.” This means that inventors seeking plant…
Read MoreCan new matter be introduced when correcting patent application drawings?
No, new matter cannot be introduced when correcting patent application drawings. The MPEP 608.02(p) clearly states: No amendment may introduce new matter into the disclosure of an application. This prohibition is based on 35 U.S.C. 132(a), which specifies: No amendment shall introduce new matter into the disclosure of the invention. When correcting drawings, applicants must…
Read MoreWhat should inventors know about filing a plant patent application?
Inventors considering filing a plant patent application should be aware that while the general patent rules apply, there are some specific considerations for plant patents. According to MPEP 1602: “The rules relating to applications for patent for other inventions or discoveries are also applicable to applications for patents for plants except as otherwise provided.” This…
Read MoreHow do international design applications under the Hague Agreement differ from regular design patent applications?
International design applications filed under the Hague Agreement have some distinct features compared to regular design patent applications: They are governed by 35 U.S.C. chapter 38, which provides for international registration of industrial designs. Certain provisions of 35 U.S.C. chapter 16 (which governs regular design patents) are made applicable to international design applications. As stated…
Read MoreWhat is 37 CFR 1.166 and how does it relate to plant patent specimens?
37 CFR 1.166 is a regulation that governs the submission of specimens for plant patent applications. MPEP 1607 references this regulation and provides a summary of its content: “The applicant may be required to furnish specimens of the plant, or its flower or fruit, in a quantity and at a time in its stage of…
Read MoreHow should an examiner phrase a Requirement for Information?
How should an examiner phrase a Requirement for Information? When phrasing a Requirement for Information, examiners should follow specific guidelines to ensure clarity and compliance with USPTO regulations. The MPEP 704.14(a) provides guidance on this matter: ‘The requirement should clearly indicate that the requirement is being made under 37 CFR 1.105 and that the consequences…
Read MoreWhat is the significance of 37 CFR 1.33 in patent applications?
37 CFR 1.33 is a crucial regulation in patent applications that governs correspondence and signature requirements. The MPEP specifically mentions this rule: Attention should be called to 37 CFR 1.33 in patent applications. This regulation is significant because it: Specifies who can sign amendments and other papers in patent applications Outlines the requirements for correspondence…
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