How are nonprovisional patent applications assigned for examination?
Nonprovisional patent applications are assigned for examination through the Patents Service for Time and Application Routing (PSTAR) program. According to MPEP 504, “The Patents Service for Time and Application Routing (PSTAR) program assigns each nonprovisional application to an examiner.” This system ensures that each application is routed to an appropriate examiner based on factors such…
Read MoreHow is a common representative appointed in international patent applications?
In international patent applications, a common representative can be appointed in several ways. According to MPEP 402.09 and 37 CFR 1.455(b): Appointment of an agent, attorney or common representative (PCT Rule 4.8) must be effected either in the Request form, signed by applicant, in the Demand form, signed by applicant, or in a separate power…
Read MoreWhat are the appropriate methods for checking application status with the USPTO?
The USPTO provides several methods for checking application status: Patent Application Information Retrieval (PAIR) system: This is the primary method for checking application status online. Automated voice response system: Available at 703-308-4357 for limited status information. USPTO Contact Center: Available for general information at 800-786-9199. As stated in MPEP 203.08: “Inquiries as to the status…
Read MoreHow can I regain micro entity status after losing it?
To regain micro entity status after losing it, you must file a new certification of entitlement to micro entity status. As stated in MPEP 509.04(e): Once a notification of a loss of entitlement to micro entity status is filed in the application or patent, a new certification of entitlement to micro entity status is required…
Read MoreHow can I request expungement of an assignment record?
To request expungement of an assignment record, you need to submit a petition to the USPTO. According to MPEP 323.01(d), the petition should: Clearly identify the assignment record document to be expunged State the reason for expungement Include the fee set forth in 37 CFR 1.17(g) Provide a copy of the original assignment record to…
Read MoreHow can a power of attorney be revoked in a patent application?
How can a power of attorney be revoked in a patent application? A power of attorney can be revoked in a patent application through the following methods: Filing a new power of attorney: This automatically revokes the previous power of attorney. Filing a revocation signed by the applicant or assignee of the entire interest: This…
Read MoreCan a power of attorney be revoked, and if so, how?
Yes, a power of attorney can be revoked. The process for revoking a power of attorney is outlined in MPEP 601.02: “A power of attorney may be revoked at any stage in the proceedings of a case, and a power of attorney to a subsidiary attorney will not be revoked by appointment of a principal…
Read MoreHow do I set up a deposit account with the USPTO?
How do I set up a deposit account with the USPTO? To set up a deposit account with the USPTO: Visit the USPTO Deposit Accounts page Download and complete the Deposit Account Application Form Submit the form with an initial deposit (minimum $1,000) Wait for account approval and receive your account number According to MPEP…
Read MoreHow does an examiner determine if an application may be a divisional?
Patent examiners use specific criteria to determine if an application may qualify as a divisional. According to MPEP ¶ 2.01, an examiner looks for the following indicators: The application claims only subject matter disclosed in a prior application. The claimed subject matter appears to be independent and distinct from that claimed in the prior application.…
Read MoreHow does a divisional application differ from a provisional application?
Divisional applications and provisional applications are distinct types of patent applications with different purposes and characteristics: Divisional Application: Claims subject matter from a prior non-provisional application that is independent and distinct from the original claims. Provisional Application: A temporary application that establishes a priority date but does not mature into an issued patent. The MPEP…
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