How does the “one independent and distinct design” requirement apply to international design applications?
The requirement for only one independent and distinct design applies to nonprovisional international design applications designating the United States. Key points include: U.S. law requires that only one independent and distinct design may be claimed in a single application. If more than one independent and distinct design is claimed, the examiner will require the applicant…
Read MoreHow can I obtain a copy of a “Sequence Listing” for a patent or patent application?
There are several ways to obtain a copy of a “Sequence Listing”: Download it from the USPTO sequence homepage. Request and pay for an electronic copy through the Patent and Trademark Copy Fulfillment Branch. For patents mailed to applicants, the Office includes a copy of the “Sequence Listing” on an electronic medium if it’s not…
Read MoreWhat are the requirements for the oath or declaration in international design applications designating the United States?
For international design applications designating the United States, there are specific requirements regarding the oath or declaration: 1. The application must contain an oath or declaration of the creator. 2. The application must include indications concerning the identity of the creator. As stated in the MPEP, “Additionally, pursuant to Rule 8(1), the United States declared…
Read MoreWhat is a Notification of Refusal in international design applications?
A Notification of Refusal is a communication from the USPTO to the International Bureau regarding an international design application. It indicates that the conditions for granting protection under U.S. law are not met for some or all of the industrial designs in the application. As stated in the MPEP, “Under Article 12 of the Hague…
Read MoreCan a requester include arguments about non-prior art issues in the statement applying prior art?
No, a requester should not include arguments about non-prior art issues in the statement applying prior art for an inter partes reexamination request. The MPEP 2617 clearly states: “The statement applying the prior art is not intended as an opportunity for a requester to propose rejections based on 35 U.S.C. 101, 112, 102, and 103…
Read MoreWhat happens if I submit a non-English InventionTitle to the USPTO for an international application?
If you submit a non-English InventionTitle to the USPTO for an international application, where the USPTO is acting as the Receiving Office (RO/US), your application will be transferred to the International Bureau. According to MPEP 2413.01(i): “If non-English language is presented to RO/US for a ‘Sequence Listing XML,’ then RO/US will transfer the international application…
Read MoreWhat happens if no Substantial New Question of Patentability is found?
If the examiner determines that none of the items of information properly submitted as part of the supplemental examination request raise a Substantial New Question of Patentability (SNQ), the Supplemental Examination Certificate will state this finding. The MPEP states: If the examiner determines that none of the items of information properly submitted as part of…
Read MoreWhen is there no duty to disclose information to the USPTO?
According to the MPEP Section 2001.05, there is generally no duty to disclose information to the United States Patent and Trademark Office (USPTO) when: The information is clearly cumulative to information already of record or being made of record in the application, or The information is clearly not material. The MPEP states: “Generally, when information…
Read MoreWhat happens when multiple reexamination proceedings are filed for the same patent?
When multiple reexamination proceedings are filed for the same patent, the U.S. Patent and Trademark Office (USPTO) may decide to merge the proceedings or suspend one of them. According to MPEP 2686.01, “Where a second request for reexamination is filed and reexamination is ordered, and a first reexamination proceeding is pending, the proceedings will be…
Read MoreCan multiple patents receive interim extensions based on a single regulatory review period?
Yes, multiple patents can receive interim extensions based on a single regulatory review period under certain circumstances. According to MPEP 2755.01: “In circumstances where extensions of multiple patents have been sought based on a single regulatory review period as per 37 CFR 1.785, where those patents expire on the same day, multiple interim extensions under…
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