What are the requirements for filing a redacted publication request?
To file a redacted publication request, applicants must meet several requirements as outlined in MPEP 1132 and 37 CFR 1.217: Submit a redacted copy of the application via the USPTO’s electronic filing system within 16 months of the earliest filing date for which a benefit is sought. Provide a certified copy of each corresponding foreign-filed…
Read MoreWhat are the requirements for filing a nonpublication request?
According to MPEP 1122, the requirements for filing a nonpublication request are: The request must be submitted with the application upon filing (this is a statutory requirement and cannot be waived). The request must state in a conspicuous manner that the application is not to be published under 35 U.S.C. 122(b). The request must contain…
Read MoreHow can I request a confidentiality waiver under 35 U.S.C. 122?
Requests for confidentiality waivers under 35 U.S.C. 122 are handled by the General Counsel of the USPTO. According to MPEP 1002.02(k)(1), these requests are specifically listed as matters decided by the General Counsel. To request a confidentiality waiver: Submit a written request to the USPTO General Counsel’s office Clearly state the reasons for requesting the…
Read MoreHow can I request a confidentiality waiver for my patent application?
Requests for confidentiality waivers are handled by the General Counsel of the USPTO. According to MPEP 1002.02(k)(1), “Requests for confidentiality waiver under 35 U.S.C. 122” are among the matters decided by the General Counsel. To request a confidentiality waiver: Prepare a written request explaining the reasons for the waiver Submit the request to the USPTO,…
Read MoreAre reissue patent applications open to public inspection?
Yes, reissue patent applications are open to public inspection. According to MPEP 1430, “Under 37 CFR 1.11(b) all reissue applications filed are open to inspection by the general public, and copies may be furnished upon paying the fee therefor.” This means that anyone can view the contents of a reissue application file, either through the…
Read MoreHow are reissue patent applications announced to the public?
Reissue patent applications are announced to the public through the Official Gazette. MPEP 1430 states: “The filing of reissue applications (except for continued prosecution applications (CPA’s) filed under 37 CFR 1.53(d)) will be announced in the Official Gazette.” This announcement includes key information such as: Filing date Reissue application and original patent numbers Title Class…
Read MoreHow are reissue application filings announced to the public?
Reissue application filings are typically announced in the Official Gazette, as stated in MPEP 1470: “37 CFR 1.11(b) also provides for announcement of the filings of reissue applications in the Official Gazette (except for continued prosecution applications filed under 37 CFR 1.53(d)).“ This announcement serves to inform interested parties about new reissue applications, allowing them…
Read MoreHow should claims be presented in an appeal brief for a reissue application?
In an appeal brief for a reissue application, the claims on appeal should be presented with special formatting. According to MPEP 1454: “The claims on appeal presented in an appeal brief for a reissue application should include all underlining and bracketing necessary to reflect the changes made to the patent claims during the prosecution of…
Read MoreWhen can an applicant request a refund for fees paid on additional inventions?
According to MPEP 803.03(a), an applicant can request a refund for fees paid on additional inventions in a transitional application when certain conditions are met. Specifically: “Whenever divided inventions in a transitional application are rejoined because a linking claim is allowable ( MPEP § 809 , § 821.04 , and § 821.04(a) ) and applicant…
Read MoreHow does a redacted publication affect provisional rights under 35 U.S.C. 154(d)?
A redacted publication can impact an applicant’s ability to claim provisional rights under 35 U.S.C. 154(d). According to MPEP 1132: “The provisions of section 154(d) shall not apply to a claim if the description of the invention published in the redacted application filed under this clause with respect to the claim does not enable a…
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