What payment methods are accepted for patent maintenance fees?
The USPTO accepts various payment methods for patent maintenance fees. According to MPEP 2510: “Maintenance fee payments can be made electronically over the Internet at www.uspto.gov by credit card, electronic funds transfer (EFT), or by an USPTO deposit account.” Additionally, for those who prefer non-electronic methods, the MPEP states: “Payments may be made by check,…
Read MoreWhat happens if a patent is determined to be ineligible for extension after an interim extension has been granted?
If a patent is determined to be ineligible for extension after an interim extension has been granted, the interim extension may be revoked. According to MPEP 2755.01: “Where an interim extension has been granted and it is subsequently determined that the patent is not eligible for patent term extension, the interim extension may be vacated…
Read MoreWhat limitations are placed on submissions to patent files regarding court decisions?
The USPTO places several limitations on submissions to patent files regarding court decisions and related documents. According to MPEP 2207, these limitations include: Non-merit decisions (e.g., on motions for a new venue or discovery date) are not entered and may be expunged if mistakenly added. Papers providing a party’s arguments (e.g., a memorandum supporting summary…
Read MoreWhat happens to a patent application during an interference proceeding?
During an interference proceeding, the normal examination process for the involved patent application is generally suspended. The MPEP 2301 states: “Once the interference is declared, the examiner generally will not treat the application again until the interference has been terminated.” However, there are exceptions: The Board may refer matters back to the examiner The Board…
Read MoreCan a Statement of Grant of Protection be issued for only some designs in an international registration?
Yes, a Statement of Grant of Protection can be issued for only some of the designs in an international registration. This situation is specifically addressed in the Manual of Patent Examining Procedure (MPEP) 2940, which cites Hague Rule 18bis(1)(b)(iii): “Where the statement does not relate to all the industrial designs that are the subject of…
Read MoreHow does the paragraph IV certification process relate to USPTO disclosures?
The paragraph IV certification process, typically associated with generic drug applications to the FDA, can generate information material to patentability that should be disclosed to the USPTO. According to MPEP 2015: “Consequently, to assist USPTO staff in evaluating patentability effectively and efficiently, the party receiving a paragraph IV certification should review such documents to determine…
Read MoreWhat is the panel review process in Supplemental Examination?
After an examiner makes a preliminary determination in a supplemental examination, a panel review conference is convened to review the determination. This process ensures a thorough and accurate examination. The MPEP states: A panel review conference will be convened, and the conference members will review the preliminary determination. See MPEP § 2271.01 for the make-up…
Read MoreWhat is the PALM system and how is it used in patent reexamination?
The Patent Application Locating and Monitoring (PALM) system is a crucial tool used to support the reexamination process in the USPTO. According to MPEP 2635, “The PALM system is used to monitor major events that take place in processing reexamination proceedings.” It provides information on: Reexamination file data Patent owner and requester details Contents and…
Read MoreHow should computer readable forms be packaged for hand delivery to the USPTO?
When hand-delivering computer readable forms to the USPTO, MPEP 2433 provides specific guidance: “In cases of hand delivery to the Customer Service Window, the computer readable form should be placed in a protective mailer labeled with at least the application number, if available.” This ensures proper handling and identification of the submitted materials. Additionally, the…
Read MoreWhat is the “one independent and distinct design” requirement in international design applications?
The “one independent and distinct design” requirement in international design applications refers to the rule that only one independent and distinct design may be claimed in a nonprovisional international design application. This requirement is based on U.S. law and is enforced by the USPTO. As stated in MPEP 2920.05(b): “Only one independent and distinct design…
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