How should examiners handle the modification of Form Paragraphs?
Examiners are instructed to avoid modifying Form Paragraphs unnecessarily. The MPEP 707 states: “Examiners should no longer modify the language of form paragraphs by making minor changes to the wording. If the form paragraph does not require the specific change to the language being made by the examiner, a new form paragraph should be developed…
Read MoreHow often do I need to certify micro entity status?
According to MPEP 509.04(d), a certification of entitlement to micro entity status needs to be filed only once in an application or patent. The MPEP states: ‘A certification of entitlement to micro entity status need only be filed once in an application or patent. Micro entity status, once established, remains in effect until changed pursuant…
Read MoreHow should a requirement for information be formatted?
According to the MPEP, a requirement for information should be formatted as follows: It should clearly indicate that it’s a requirement under 37 CFR 1.105 It should state the basis for the requirement It should specify what information is being required It should indicate the particular art area involved and the specific claimed subject matter…
Read MoreWhat are form paragraphs in the context of requirements for information?
Form paragraphs are pre-written text segments used by patent examiners to standardize and streamline the process of creating requirements for information. The MPEP provides specific form paragraphs for various aspects of the requirement, including: The heading of the requirement (Form Paragraph 7.105) Specific types of information requests (e.g., Form Paragraphs 7.106 – 7.121) Concluding paragraphs…
Read MoreWhat is the difference between factual evidence and opinion evidence in patent examination?
What is the difference between factual evidence and opinion evidence in patent examination? In patent examination, the distinction between factual evidence and opinion evidence is crucial. The MPEP 716.01(c) provides guidance on this matter: The arguments of counsel cannot take the place of evidence in the record. In re Schulze, 346 F.2d 600, 602, 145…
Read MoreWhat are ‘extraordinary circumstances’ for using Patentability Reports?
The Manual of Patent Examining Procedure (MPEP) § 705 emphasizes that Patentability Reports should only be used in extraordinary circumstances. While the MPEP doesn’t provide an exhaustive list of what constitutes ‘extraordinary circumstances,’ we can infer from the context that these may include: Applications with claims spanning multiple, distinctly different technology areas Cases where the…
Read MoreCan extensions of time be granted after the Notice of Allowance?
Generally, extensions of time are not available after the Notice of Allowance has been issued. The MPEP clearly states: The statutory (nonextendable) time period for payment of the issue fee is 3 months from the date of the Notice of Allowance (35 U.S.C. 151). Furthermore, for any outstanding informalities at the time of allowance: Extensions…
Read MoreHow does the USPTO handle extensions of time in accelerated examination?
How does the USPTO handle extensions of time in accelerated examination? The USPTO has specific guidelines for handling extensions of time in accelerated examination: Extensions of time under 37 CFR 1.136(a) are not permitted in accelerated examination. Extensions of time under 37 CFR 1.136(b) may be authorized in limited circumstances. Any request for an extension…
Read MoreHow do extensions of time work with final rejections?
For final rejections, the USPTO has a specific procedure for extensions of time. The MPEP states: If an applicant initially replies within 2 months from the date of mailing of any final rejection setting a 3-month shortened statutory period for reply and the Office does not mail an advisory action until after the end of…
Read MoreCan an extension of time be granted after the statutory period has expired?
Generally, an extension of time cannot be granted after the statutory period has expired. The MPEP 710.02(e) states: ‘Any request for an extension of time filed after the statutory period for response has expired will be denied.’ However, there is an exception for situations where the applicant’s failure to respond was due to circumstances beyond…
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