Can an international design application designating the United States include a request for deferment of publication?
No, an international design application designating the United States cannot include a request for deferment of publication. This is explicitly stated in the MPEP: “An international design application designating the United States may not contain a request for deferment of publication. See 37 CFR 1.1028.“ This restriction is important for applicants to note when preparing…
Read MoreWhat happens if no correspondence address is specified for an international design application?
If no specific correspondence address is provided for an international design application filed with the USPTO as an office of indirect filing, the USPTO has a default procedure. According to MPEP 2912: “Where no such address has been specified, the Office will use as the correspondence address of applicant’s appointed representative. See 37 CFR 1.1041.…
Read MoreWhat types of court decisions can be entered into a patent file?
The U.S. Patent and Trademark Office (USPTO) accepts various types of court decisions for entry into patent files. According to MPEP 2207, these include: Final court decisions (even if still appealable) Decisions to vacate Decisions to remand Decisions on the merits of patent claims The MPEP states: The decisions from litigation or other proceedings include…
Read MoreHow does the USPTO count items of information in a supplemental examination request?
The USPTO has specific guidelines for counting items of information in a supplemental examination request, as outlined in MPEP 2809: The Office counts the number of items presented, not the number of issues raised or grounds for consideration. A single reference raising multiple issues under different statutes (e.g., 35 U.S.C. 102, 103, and 112) is…
Read MoreHow are corrections handled in pending nonprovisional international design applications?
The USPTO handles corrections in pending nonprovisional international design applications on a case-by-case basis. According to MPEP 2930: “The effects of any correction in the International Register by the International Bureau pursuant to Rule 22 in a pending nonprovisional international design application shall be decided by the Office in accordance with the merits of each…
Read MoreHow are corrections handled for issued U.S. patents from international design applications?
For U.S. patents issued from international design applications, corrections are handled according to U.S. patent law, not the Hague Agreement procedures. As stated in MPEP 2930: “A patent issuing from an international design application may only be corrected in accordance with the provisions of title 35, United States Code, for correcting patents.” This means that…
Read MoreHow are corrections to factual information handled in Supplemental Examination?
When a supplemental examination request includes an item of information limited to the correction of factual information, it should also include one or more additional items of information that potentially provide evidence that the patentability of the claims depends upon the factual information to be corrected. The MPEP provides an example: The request includes a…
Read MoreHow are corrections handled for abandoned nonprovisional international design applications?
For abandoned nonprovisional international design applications, corrections are generally not acted upon by the USPTO. As stated in MPEP 2930: “Corrections under Rule 22 received in abandoned applications will generally not be acted upon by the Office and will not be given effect unless otherwise indicated by the Office.” This means that once an application…
Read MoreCan corrections be made to a “Sequence Listing” after submission?
Yes, corrections to a “Sequence Listing” can be made under certain circumstances. The MPEP states: The Office may permit correction of the “Sequence Listing” submitted pursuant to 37 CFR 1.821(c), whether on physical sheets of paper or as a PDF image file, at the least, during the pendency of a given application by reference to…
Read MoreWhat should I do if my Sequence Listing XML contains errors?
If your Sequence Listing XML contains errors, the USPTO will notify you through a PAIR document titled “Computer Readable Form (CRF) for Sequence Listing – Defective.” According to MPEP 2416, you must provide: A replacement “Sequence Listing XML” part of the disclosure A statement identifying the location of all additions, deletions, or replacements of sequence…
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