Can US applicants choose Rospatent as their International Searching Authority?
Can US applicants choose Rospatent as their International Searching Authority? Yes, US applicants can choose Rospatent as their International Searching Authority for PCT applications filed with the USPTO. The MPEP 1840.04 states: “The Federal Service for Intellectual Property (Rospatent) (Russian Federation) has agreed to conduct international searches and prepare international search reports for international applications…
Read MoreHow can patent examiners update the classification of foreign patents?
Patent examiners can update the classification of foreign patents by following these steps, as outlined in MPEP 903.03: If the examiner desires to update the USPC classification of a foreign patent by changing, canceling, or adding copies, they should forward the patent (or bibliographic information) to their supervisory patent classifier with a request for the…
Read MoreWhat are “uncontested decisions” involving the Office of Enrollment and Discipline at the USPTO?
The Office of General Law at the USPTO is responsible for deciding certain uncontested decisions involving the Office of Enrollment and Discipline (OED). As stated in MPEP 1002.02(k)(2): “3. Certain uncontested decisions involving the Office of Enrollment and Discipline.” Uncontested decisions typically refer to cases where: A practitioner does not dispute the OED’s findings or…
Read MoreWhat types of petitions can be filed with the Director of the USPTO?
The USPTO allows for several types of petitions to be filed with the Director: Petitions under 37 CFR 1.181: General petitions to the Director Petitions under 37 CFR 1.182: For questions not specifically provided for in the regulations Petitions under 37 CFR 1.183: For suspension of rules in extraordinary situations It’s important to note that…
Read MoreCan an applicant traverse a species election requirement?
Yes, an applicant can traverse (i.e., dispute or argue against) a species election requirement issued by the USPTO examiner. The MPEP 808.01(a) provides guidance on this process: “If applicant traverses on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence…
Read MoreWhat types of translations are available to patent examiners?
Patent examiners have access to various types of translations: Oral translations: For quick assistance with foreign patents or literature. Human (written) translations: For pertinent portions of references being considered for citation. Machine translations: Automated translations available through STIC’s tools. Partial human translations: Available through walk-in services at the Translations Service Center. The MPEP states: “Examiners…
Read MoreHow do Technology Centers (TCs) influence search tool selection in patent examination?
Technology Centers (TCs) play a crucial role in determining the specific search tools and strategies used in patent examination. According to MPEP 904.02(b), Detailed guidance on the choice and use of specific search tools can be established only within the context of the special requirements of each Technology Center (TC). This statement implies several important…
Read MoreWhat types of petitions can Technology Center Directors decide?
Technology Center Directors have the authority to decide various petitions and requests related to patent applications and examination procedures. Some key examples include: Petitions to reopen prosecution after a Patent Trial and Appeal Board decision Petitions against final decisions requiring restriction Petitions invoking supervisory authority under 37 CFR 1.181 Requests for extensions of shortened statutory…
Read MoreWhat is Technology Center 2900 at the USPTO?
Technology Center 2900 at the United States Patent and Trademark Office (USPTO) is specifically focused on design patents. It plays a crucial role in examining and processing design patent applications. As mentioned in MPEP § 1002.02(c)(3), the Director of Technology Center 2900 has specific authorities related to design patents: “Authority to decide the following requests…
Read MoreWhat is the role of TC Directors in disseminating court and PTAB decisions?
TC Directors play a crucial role in disseminating both court and Patent Trial and Appeal Board (PTAB) decisions within the USPTO: For court decisions: TC Directors receive copies of recent court decisions from the Office of the Commissioner for Patents. They make these decisions available to supervisors and other appropriate individuals. TC Directors are encouraged…
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