Does filing a petition stay other proceedings or extend reply periods?
No, filing a petition does not automatically stay other proceedings or extend reply periods. The MPEP clearly states: “The mere filing of a petition will not stay the period for replying to an examiner’s action which may be running against an application, nor act as a stay of other proceedings (37 CFR 1.181(f)).” For example,…
Read MoreWho has the authority to decide petitions to the Director of the USPTO?
According to MPEP 1002.02, various officials have been delegated authority to decide different types of petitions to the Director of the USPTO. For example: The Deputy Commissioner for Patents who oversees the Office of Petitions decides many types of petitions, including petitions to revive abandoned applications and petitions for unintentionally delayed priority claims. Technology Center…
Read MoreWhere can USPTO personnel access USPC class definitions?
USPTO personnel can access USPC class definitions online through the Classification Home Page. According to the MPEP, All classes and subclasses (class definitions) in the USPC are available online to USPTO personnel from the Classification Home Page under the heading Search Classification Data. The MPEP provides specific details on how to access this information: The…
Read MoreWhat types of docket reports are available to patent examiners at the USPTO?
Patent examiners at the USPTO have access to various docket reports through the integrated examination tools. The MPEP outlines the following types of docket reports: Individual examiner new and amended docket Individual examiner rejected application docket Individual examiner new application profile The MPEP specifically states: “Examiner dockets include the individual examiner new and amended docket…
Read MoreWhat is the Patent Classification Home Page on the USPTO Intranet?
The Patent Classification Home Page on the USPTO Intranet is a comprehensive resource for classification information provided by the U.S. Patent and Trademark Office (USPTO). According to MPEP 902.03(b), “The site is the clearinghouse for classification information by the U.S. Patent and Trademark Office (USPTO).” It offers access to various classification tools and resources for…
Read MoreHow are petitions handled in the USPTO’s Office of Petitions?
The handling of petitions in the USPTO’s Office of Petitions follows a structured process. As stated in MPEP 1002.01: “Petitions are decided in accordance with their merits. The recommendations of the examiner assigned to report on the petition may be incorporated in the decision.” This process ensures that each petition is given due consideration, with…
Read MoreWhat types of matters are delegated to the Office of Petitions in the USPTO?
The Office of Petitions in the USPTO is responsible for a wide range of administrative matters. According to MPEP 1002.01, these include: Petitions to revive abandoned applications Petitions to accept delayed payment of issue fees Requests for expedited examination of design applications Petitions to make patent applications special Petitions for express abandonment to avoid publication…
Read MoreWhat types of requests are decided by the Office of General Law in the USPTO?
The Office of General Law in the USPTO is responsible for deciding three main types of requests: Requests filed under the Freedom of Information Act (FOIA) Administrative appeals of the FOIA Officer’s decision Certain uncontested decisions involving the Office of Enrollment and Discipline As stated in MPEP 1002.02(k)(2): “1. Requests filed under the Freedom of…
Read MoreWhat is a “Notice of New or Revised Publication Date” and when is it issued?
A “Notice of New or Revised Publication Date” is a document issued by the USPTO to inform applicants of significant changes to the projected publication date of their patent application. According to MPEP 1127, this notice may be mailed under the following circumstances: “A ‘Notice of New or Revised Publication Date’ may be mailed if…
Read MoreHow does the USPTO determine the date of commencement for national stage entry?
The USPTO determines the date of commencement for national stage entry based on specific criteria outlined in MPEP 1893.01. The section states: “For purposes of determining the date of commencement, all of the requirements of 35 U.S.C. 371(c)(1), (2), and (4) must have been complied with. Thus, the date of commencement is the international filing…
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