When should material information be disclosed in patent term extension proceedings?
Material information should be disclosed promptly in patent term extension proceedings. The MPEP 2762 provides clear guidance on the timing: “All such individuals who are aware, or become aware, of material information adverse to a determination of entitlement to the extension sought, which has not been previously made of record in the patent term extension…
Read MoreWhen can a power of attorney be revoked or an attorney withdraw from a patent case?
According to MPEP 2560, “The revocation or withdrawal of an attorney may be submitted at any time.” However, it’s important to note that “a revocation or withdrawal of an attorney filed after issuance of a patent is not normally processed.” This means that while you can technically submit a revocation or withdrawal at any point,…
Read MoreWhat is a Supplemental Examination Certificate?
A Supplemental Examination Certificate is a document prepared by the USPTO that lists all items of information properly submitted as part of a supplemental examination request. It states whether a substantial new question of patentability (SNQ) affecting at least one claim of the patent is raised in the request. According to the MPEP, The supplemental…
Read MoreWhat is a protest under 37 CFR 1.291?
A protest under 37 CFR 1.291 is a mechanism that allows members of the public to bring information to the attention of the USPTO regarding pending patent applications. The MPEP states: 37 CFR 1.291 gives recognition to the value of written protests in bringing information to the attention of the Office and in avoiding the…
Read MoreWhat is considered “material information” in patent disclosure?
While the MPEP 2002.01 section doesn’t provide a specific definition of “material information,” it does mention that not all information needs to be disclosed to the USPTO. The MPEP states: “Information that is not material need not be passed along to the Office.” Generally, material information is any information that a reasonable examiner would consider…
Read MoreWhat is an interim extension of patent term?
An interim extension of patent term is a temporary extension granted by the Director of the USPTO under 35 U.S.C. 156(e)(2) when a patent’s term would expire before a final decision on a patent term extension application can be made. As stated in the MPEP: “If the term of a patent for which an application…
Read MoreWhat is an interference proceeding in patent law?
An interference proceeding is a contest under pre-AIA 35 U.S.C. 135(a) between an application and either another application or a patent. As stated in the MPEP 2301: “An interference is declared to assist the Director of the United States Patent and Trademark Office in determining priority, that is, which party first invented the commonly claimed…
Read MoreWhat is an interference in patent law?
An interference in patent law is a proceeding to determine which party has the right to a patent when two or more parties claim the same invention. The Manual of Patent Examining Procedure (MPEP) Chapter 2300 covers interference and derivation proceedings. According to MPEP 2304, “The suggestion for an interference may come from an applicant…
Read MoreWhat is inter partes reexamination?
Inter partes reexamination is a process that allows any third party to request a review of a patent issued from an original application filed on or after November 29, 1999. This process was available for requests filed prior to September 16, 2012. The MPEP 2609 states: The inter partes reexamination statute and rules permit any…
Read MoreWhat is an Inter Partes Reexamination Certificate?
An Inter Partes Reexamination Certificate is a document issued at the conclusion of an inter partes reexamination proceeding, unless merged with a reissue application. As stated in MPEP 2690: “An inter partes reexamination certificate is issued at the close of each inter partes reexamination proceeding in which reexamination has been ordered under 37 CFR 1.931,…
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