What happens if multiple designs are shown in an international design application?
According to MPEP 2920.05(b), if multiple designs are shown in an international design application designating the United States: The applicant will be required to limit the application to a single independent and distinct design. This requirement may be made by the USPTO as an Office action. Alternatively, it may be made by WIPO at the…
Read MoreWhat happens if an international design application contains more than one independent and distinct design?
If an international design application contains more than one independent and distinct design, the examiner will issue a notification of refusal or other Office action requiring the applicant to elect one independent and distinct design for prosecution. According to MPEP 2920.05(b): “If more than one independent and distinct design is claimed in the nonprovisional international…
Read MoreWhat happens if a required “Sequence Listing XML” is missing or non-compliant in a patent application?
If a required “Sequence Listing XML” is missing or non-compliant in a patent application, the following process typically occurs: During pre-examination or initial review, USPTO staff or the examiner identifies that a “Sequence Listing XML” is required but missing or not compliant with 37 CFR 1.831-1.834. A notice indicating the deficiencies will be issued to…
Read MoreWhat happens if I miss the maintenance fee payment and grace period?
If you miss both the maintenance fee payment and the 6-month grace period, your patent will expire. However, the USPTO may accept late payments under certain conditions. According to MPEP 2501: “The Director may accept the payment of any maintenance fee required by subsection (b) after the 6-month grace period if the delay is shown…
Read MoreHow can applicants meet the duty of disclosure requirement?
Applicants can meet the duty of disclosure requirement by submitting information to the USPTO in the manner prescribed by 37 CFR 1.97 and 1.98. The MPEP states: “37 CFR 1.56 provides that the duty of disclosure can be met by submitting information to the Office in the manner prescribed by 37 CFR 1.97 and 1.98.”…
Read MoreWhat is the maximum duration of protection for design patents in the United States?
The maximum duration of protection for design patents in the United States is 15 years from the date of grant. This duration is specified in the United States’ declaration under the Hague Agreement. As stated in the MPEP, “Pursuant to Article 17(3), the United States declared that the maximum duration of protection for designs is…
Read MoreWhat is considered ‘material information’ in patent term extension proceedings?
‘Material information’ in patent term extension proceedings is any information that could significantly impact the determination of entitlement to the extension sought. The MPEP 2762 defines it as follows: “Information is ‘material’ when there is a substantial likelihood that the Office or the Secretary would consider it important in determinations to be made in the…
Read MoreWhat is considered material information under 37 CFR 1.56(b)?
According to 37 CFR 1.56(b), information is material to patentability when: It is not cumulative to information already of record or being made of record in the application, and It either: Establishes, by itself or in combination with other information, a prima facie case of unpatentability of a claim; or Refutes, or is inconsistent with,…
Read MoreWhat is considered ‘material information’ in the context of the duty of disclosure?
‘Material information’ in the context of the duty of disclosure refers to any information that is relevant to the patentability of an invention. This includes prior art, public disclosures, or any other information that could affect the decision of a patent examiner or the Patent Trial and Appeal Board (PTAB). While MPEP 2001.03 does not…
Read MoreWhat are the mandatory elements of a request for inter partes reexamination?
According to MPEP 2614, a request for inter partes reexamination must include the following mandatory elements: A statement pointing out each substantial new question of patentability based on prior patents and printed publications An identification of every claim for which reexamination is requested A detailed explanation of the pertinence and manner of applying the cited…
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