How is the receipt date determined for documents transmitted by facsimile to the USPTO?
The receipt date for documents transmitted by facsimile to the USPTO is determined according to specific rules. The MPEP section 1834.01 states: “The receipt date of a document transmitted via facsimile is the date in the USPTO on which the transmission is completed, unless the receipt date is a Saturday, Sunday, or Federal holiday in…
Read MoreWhat is the purpose of announcing reissue application filings in the Official Gazette?
The announcement of reissue application filings in the Official Gazette serves an important purpose, as explained in MPEP 1470: “This announcement will give interested members of the public an opportunity to submit to the examiner information pertinent to patentability of the reissue application.“ By publicizing these filings, the USPTO allows the public to contribute relevant…
Read MoreWhat is the purpose of the appeal process in patent examination?
The appeal process in patent examination serves to resolve differences of opinion between patent applicants and examiners regarding substantive decisions made by the United States Patent and Trademark Office (USPTO). As stated in MPEP 1201: “The differences of opinion on such matters can be justly resolved only by prescribing and following judicial procedures.” This process…
Read MoreWhat is the purpose of a classified search in patent examination?
The purpose of a classified search in patent examination is to identify the most relevant prior art efficiently. According to MPEP 904.02(a): “A proper field of search normally includes the subclass in which the claimed subject matter of an application would be classified in the U.S. Patent Classification System and analogous areas of domestic and…
Read MoreCan the public access the full, unredacted version of a patent application after a redacted publication?
Generally, the public can request access to the complete file wrapper of a published application. However, if a redacted copy was submitted for publication, the USPTO has provisions to maintain the confidentiality of the redacted information. According to MPEP 1132: “The Office will provide a copy of the complete file wrapper and contents of an…
Read MoreWhat is the public access policy for reissue applications?
According to MPEP 1470, reissue applications are open to public inspection. Specifically, the MPEP states: “37 CFR 1.11(b) opens all reissue applications to inspection by the general public.“ This means that anyone can access and review the contents of a reissue application file. To learn more: reissue applications public access patent inspection USPTO
Read MoreHow can the public access information from abandoned applications?
The public can access information from abandoned applications in several ways: If the abandoned application was published, its contents are open for public inspection as stated in 37 CFR 1.11(a). The MPEP notes: “Unless a redacted copy of the application was used for the patent application publication, the specification, drawings, and all papers relating to…
Read MoreHow are Patent Trial and Appeal Board (PTAB) decisions circulated within the USPTO?
Patent Trial and Appeal Board (PTAB) decisions are circulated within the USPTO as follows: The TC Director may circulate the decision among supervisors in the Technology Center (TC). Supervisors may then circulate the decision among examiners in their art units. The extent of circulation depends on the subject matter or issues addressed in the decisions.…
Read MoreWhat is the composition of the Patent Trial and Appeal Board (PTAB)?
The Patent Trial and Appeal Board (PTAB) is composed of several key members as outlined in 35 U.S.C. 6(a): The Director of the USPTO The Deputy Director The Commissioner for Patents The Commissioner for Trademarks Administrative patent judges Specifically, the MPEP states: The Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks,…
Read MoreWhat should practitioners know about making inquiries to patent examiners?
Practitioners should be aware that certain inquiries to patent examiners are considered improper. The MPEP 1701 provides guidance on this matter: “Practitioners shall not make improper inquiries of members of the patent examining corps. Inquiries from members of the public relating to the matters discussed above must out of necessity be refused and such refusal…
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