Can the Priority Mail Express® procedure be used for filing papers in PCT applications?
Yes, the Priority Mail Express® procedure can be used for filing papers in PCT applications with the USPTO. According to MPEP 1834: “The Priority Mail Express® procedure set forth at 37 CFR 1.10 applies to papers filed with the U.S. Patent and Trademark Office (USPTO) in international applications. Accordingly, papers filed with the USPTO in…
Read MoreWhat are the primary responsibilities of a Primary Examiner in the USPTO?
What are the primary responsibilities of a Primary Examiner in the USPTO? A Primary Examiner in the United States Patent and Trademark Office (USPTO) has several key responsibilities, including: Reviewing and approving various actions prepared by assistant examiners Signing official USPTO communications Making final determinations on the patentability of inventions Authorizing Examiner’s Amendments Conducting interviews…
Read MoreWhat is the presumption of validity for patents?
Every issued patent is presumed to be valid under U.S. patent law. This presumption is explicitly stated in MPEP 1701: “Every patent is presumed to be valid. See 35 U.S.C. 282, first sentence.” This presumption of validity is a fundamental principle in patent law. It means that in any legal proceeding challenging a patent’s validity,…
Read MoreHow is the amount of the preliminary examination fee determined?
The amount of the preliminary examination fee is determined based on several factors: It is for the benefit of the International Preliminary Examining Authority (e.g., USPTO). The amount is specified in 37 CFR 1.482. The fee may be higher if the international search was performed by an authority other than the USPTO. As stated in…
Read MoreWhat tools are available for patent searching according to MPEP 904?
According to MPEP 904, patent examiners have access to various tools for conducting thorough patent searches. The section states: “In addition to the specialized tools described below, much of the technology which examiners use in searching is available to the public through the USPTO Patent Public Search facility.” Some of the tools mentioned include: Specialized…
Read MoreWhat are the patent owner’s responsibilities regarding notification of concurrent proceedings?
The patent owner has specific responsibilities to notify the USPTO of concurrent proceedings involving their patent: In the reissue application, the patent owner should file a Notification of Concurrent Proceedings pursuant to 37 CFR 1.178(b) as early as possible. In the reexamination proceeding, the patent owner should file a Notification of Concurrent Proceedings pursuant to…
Read MoreCan patent examiners discuss specific evidence considered during examination?
No, patent examiners are not allowed to discuss specific evidence considered during the examination process with individuals outside the USPTO. The MPEP 1701 states: “Employees of the USPTO, particularly patent examiners who examined an application which matured into a patent or a reissued patent or who conducted a reexamination proceeding, should not discuss or answer…
Read MoreCan examiners make changes to the specification without an examiner’s amendment?
Examiners are generally not permitted to make changes to the specification without an examiner’s amendment. The MPEP 1302.04 states: “No examiner’s amendment may make substantive changes to the written portions of the specification, including the abstract, without first obtaining applicant’s approval.” This restriction ensures that any significant changes to the specification are reviewed and approved…
Read MoreCan examiners make changes to the abstract of a patent application?
Examiners can make changes to the abstract of a patent application, but there are specific guidelines to follow. According to MPEP 1302.04: “At the time of allowance, substantive changes made by the examiner to the abstract must be done by an examiner’s amendment after first obtaining approval from the applicant.” This cautious approach is due…
Read MoreHow can patent examiners access translation services for foreign patents?
Patent examiners have several options for accessing translation services for foreign patents: Oral assistance from translators in the Translations Service Center of the Scientific and Technical Information Center (STIC) Request human (written) translations of pertinent portions of references Use language reference resources and machine translations Submit online requests using the Translations Request Form on the…
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