How should an applicant reply to a Notification of Refusal?
When replying to a Notification of Refusal for an international design application, applicants should keep the following points in mind: The reply must be filed directly with the USPTO, not through the International Bureau. As stated in 37 CFR 1.1063(b), “Any reply to the notification of refusal must be filed directly with the Office and…
Read MoreHow can I pay the fee for an ex parte reexamination request?
How can I pay the fee for an ex parte reexamination request? The fee for an ex parte reexamination request can be paid through various methods accepted by the USPTO. According to MPEP 2215: “The fee for requesting ex parte reexamination may be paid by deposit account authorization, credit card, or electronic funds transfer (EFT)…
Read MoreHow is the duty to disclose fulfilled in a patent application?
The duty to disclose is typically fulfilled by submitting an Information Disclosure Statement (IDS) to the USPTO. This document lists all known prior art and other information material to patentability. The process involves: Identifying relevant information Preparing the IDS form Submitting the IDS along with copies of non-U.S. patent documents Paying any required fees The…
Read MoreHow do I file papers in a supplemental examination proceeding?
To file papers in a supplemental examination proceeding, follow these guidelines: Use the USPTO’s Patent Electronic Filing System-Web (EFS-Web) or Patent Center for electronic filing. For paper filings, send documents to: Mail Stop Supplemental Examination, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. Include the control number assigned to the supplemental examination proceeding. Clearly…
Read MoreHow can I check the maintenance fee payment status of a patent?
There are two primary methods to check the maintenance fee payment status of a patent: Online: Visit the USPTO’s Maintenance Fee webpage. Enter the patent number and corresponding application number in the appropriate fields. By Phone: Call the USPTO’s Maintenance Fee Branch. Note that telephone status requests are limited to two patent numbers per call.…
Read MoreHow can I check the maintenance fee payment status for a specific patent?
To check the maintenance fee payment status for a specific patent, you can use the following methods: Visit the USPTO’s Patent Maintenance Fees Storefront and enter the patent number. Use the Patent Application Information Retrieval (PAIR) system to access detailed maintenance fee information. Contact the USPTO’s Office of Finance directly at 571-272-6500. According to MPEP…
Read MoreHow long can an interim extension last?
According to MPEP 2755.01, interim extensions can be granted for periods of up to one year each. The MPEP states: “The length of any interim extension is discretionary with the Director so long as it is for one year or less. Its length should be set to provide time for completion of any outstanding requirements.“…
Read MoreWhat happens if fraud is suspected during reexamination or supplemental examination?
If fraud is suspected during reexamination or supplemental examination, the USPTO has specific procedures in place. For reexamination proceedings, MPEP 2014 states: “Any fraud practiced or attempted on the Office or any violation of the duty of disclosure through bad faith or intentional misconduct by any such individual results in noncompliance with 37 CFR 1.555(a).…
Read MoreCan sequence-related materials be hand-delivered to the USPTO?
Yes, sequence-related materials can be hand-delivered to the USPTO. The MPEP 2433 states that “Correspondence relating to the sequence rules may also be hand-delivered to the Customer Service Window.” This provides an alternative method for submitting sequence-related materials in addition to mailing them to the USPTO. To learn more: sequence listing hand delivery USPTO Customer…
Read MoreHow does the USPTO handle hand-delivered international design applications?
How does the USPTO handle hand-delivered international design applications? The USPTO accepts hand-delivered international design applications. According to MPEP 2905, these applications can be “delivered by hand to the USPTO.” However, it’s important to note that specific procedures apply: Hand-delivered applications should be brought to the USPTO Customer Service Window. The Customer Service Window is…
Read More