What evidence is required to establish non-receipt of an Office action in a patent application?
What evidence is required to establish non-receipt of an Office action in a patent application? To establish non-receipt of an Office action in a patent application, the USPTO requires specific evidence. This is crucial when filing a petition to withdraw the holding of abandonment based on non-receipt. According to MPEP 711.03(c): ‘The showing required to…
Read MoreHow should rebuttal evidence be evaluated in patent examination?
Rebuttal evidence in patent examination should be evaluated holistically against the prima facie case, not in isolation. According to MPEP 716.01(d): “All of the competent rebuttal evidence taken as a whole should be weighed against the evidence supporting the prima facie case.” This means that examiners should consider the entire body of rebuttal evidence together,…
Read MoreWhat factors are considered when evaluating a declaration under 37 CFR 1.130(b)?
When evaluating a declaration under 37 CFR 1.130(b), the USPTO considers several factors: Whether the disclosure is subject to the exceptions of 35 U.S.C. 102(b)(1)(B) or 102(b)(2)(B) Whether the affidavit shows sufficient facts to establish that the subject matter was publicly disclosed by the inventor or someone who obtained it from the inventor Whether the…
Read MoreWhat is the ‘effective filing date’ for a claimed invention?
The ‘effective filing date’ for a claimed invention is defined in 35 U.S.C. 100(i)(1) as follows: The term “effective filing date” for a claimed invention in a patent or application for patent means—(A) if subparagraph (B) does not apply, the actual filing date of the patent or the application for the patent containing a claim…
Read MoreWhat should be included in the application record about demonstrations or exhibits?
When demonstrations or exhibits are used during a patent interview, it’s crucial to include a comprehensive description in the application record. The MPEP specifies: A full description as to what was demonstrated/exhibited must be made of record in the application. See 37 CFR 1.133(b). (MPEP 713.08) This requirement ensures that all relevant information about the…
Read MoreWhat is the difference between a petition to withdraw holding of abandonment and a petition for revival?
What is the difference between a petition to withdraw holding of abandonment and a petition for revival? Understanding the difference between a petition to withdraw holding of abandonment and a petition for revival is crucial for patent applicants dealing with potential abandonment issues. According to MPEP 711.03(c): ‘Where an applicant contends that the application is…
Read MoreCan I demonstrate my invention during a patent interview?
Yes, you can demonstrate your invention during a patent interview. The MPEP states, The invention in question may be exhibited or demonstrated during the interview by a model or exhibit thereof. (MPEP 713.08) This allows inventors to provide a visual representation of their invention to the examiner. However, it’s important to note that demonstrations or…
Read MoreWhat is a deferral of examination and how does it differ from a suspension of action?
A deferral of examination is a specific type of suspension of action available for new applications. According to MPEP 709, “In new applications, applicants may request a deferral of examination under 37 CFR 1.103(d) for a period not extending beyond three years from the earliest filing date for which a benefit is claimed under 35…
Read MoreWhat are the consequences of submitting a supplemental amendment without sufficient cause?
What are the consequences of submitting a supplemental amendment without sufficient cause? If an applicant submits a supplemental amendment without sufficient cause, the examiner may exercise discretion to enter or deny entry of the supplemental amendment. According to MPEP 714.03(a): The Office may enter a supplemental amendment if the supplemental amendment is clearly limited to:…
Read MoreWhat are the consequences of failing to reply within the specified time period for Office actions?
What are the consequences of failing to reply within the specified time period for Office actions? Failing to reply within the specified time period for Office actions can have serious consequences for your patent application. According to MPEP 704.13: “Failure to reply within the time period set in an Office action will result in abandonment…
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