What is a replacement deposit in patent law?
A replacement deposit in patent law refers to a new deposit of biological material made to replace an original deposit. This is often done during the pendency of a patent application. According to MPEP 2407.04, “An applicant for patent may make a replacement deposit during the pendency of the application for any reason.” The purpose…
Read MoreWhat is the “Rephrasing” allowance in patent application amendments?
What is the “Rephrasing” allowance in patent application amendments? The “Rephrasing” allowance refers to the USPTO’s recognition that inventors may rephrase portions of their application without introducing new matter. According to MPEP 2163.07: Mere rephrasing of a passage does not constitute new matter. Accordingly, a rewording of a passage where the same meaning remains intact…
Read MoreHow does a renunciation of an international registration affect a pending U.S. application?
A renunciation of an international registration with respect to the United States has significant consequences for a pending nonprovisional international design application. According to MPEP 2930: “A renunciation of the international registration with respect to the designation of the United States pursuant to Article 16(1)(iv) will result in termination of a pending nonprovisional international design…
Read MoreHow does a reissue patent affect the Ex Parte Reexamination Certificate?
In certain situations, the grant of a reissue patent can replace the need for an Ex Parte Reexamination Certificate. According to MPEP 2288: “If the ex parte reexamination proceeding is terminated by the grant of a reissued patent as provided in § 1.565(d), the reissued patent will constitute the ex parte reexamination certificate required by…
Read MoreHow is the regulatory review period determination communicated and published?
Once the regulatory agency determines the length of the regulatory review period, it publishes the information in the Federal Register and sends a letter to the USPTO with the same information. Both the Federal Register Notice and the letter to the USPTO include: The total length of the regulatory review period The relevant dates on…
Read MoreWhat is the regulatory agency’s role in determining the length of the regulatory review period?
The regulatory agency is responsible for determining the length of the regulatory review period for the approved product on which a patent term extension application is based. This determination is made based on the application and official regulatory agency records for the approved product. According to MPEP 2757, “Under 35 U.S.C. 156, the regulatory agency…
Read MoreWhat information does the regulatory agency’s letter to the USPTO not take into account?
The letter sent by the regulatory agency to the USPTO regarding the regulatory review period determination does not take into account two important factors: The issue date of the patent The exclusion of one-half of the testing phase MPEP 2757 specifies: “The letter to the Office makes clear that the determination does not take into…
Read MoreWhat is the time limit for deciding on a reexamination request under 35 U.S.C. 302?
According to MPEP 2241, the determination of whether or not to reexamine must be made within 3 months following the filing date of a request. This is based on 35 U.S.C. 303(a) and 37 CFR 1.515(a). The MPEP states: “The determination of whether or not to reexamine must be made within 3 months following the…
Read MoreWhat happens if the 3-month period for deciding a reexamination request ends on a non-business day?
If the 3-month period for deciding a reexamination request ends on a weekend or federal holiday, the USPTO must issue the determination by the preceding business day. MPEP 2241 specifically states: “If the 3-month period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then the determination must be mailed by…
Read MoreWho receives copies of the Ex Parte Reexamination Certificate?
The distribution of Ex Parte Reexamination Certificates is governed by specific USPTO rules. According to MPEP 2288, which cites 37 CFR 1.570(c): “The ex parte reexamination certificate will be mailed on the day of its date to the patent owner at the address as provided for in § 1.33(c). A copy of the ex parte…
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