What is the deadline for filing a Notice of Foreign Filing?
The deadline for filing a Notice of Foreign Filing is 45 days after the filing date of the counterpart application in a foreign country or under a multilateral international agreement. This requirement is specified in 35 U.S.C. 122(b)(2)(B)(iii) and MPEP 1124. As stated in MPEP 1124: “The notice of foreign filing must be filed not…
Read MoreWhat is a Notice of Allowance in patent examination?
A Notice of Allowance is a document prepared and mailed by the United States Patent and Trademark Office (USPTO) to inform an applicant that their patent application has been allowed. According to MPEP 1303, “A Notice of Allowance is prepared and mailed, and the mailing date appearing thereon is recorded in the image file wrapper…
Read MoreWhat is a Notice of Allowability in patent examination?
A Notice of Allowability (form PTOL-37) is an official document used by the United States Patent and Trademark Office (USPTO) to inform patent applicants that their application has been placed in condition for allowance. As stated in MPEP 1302.03: “A Notice of Allowability form PTOL-37 is used whenever an application has been placed in condition…
Read MoreCan a Notice of Allowability be issued after a final rejection?
Yes, a Notice of Allowability can be issued after a final rejection. The MPEP 1302.03 explicitly states: “In all instances, both before and after final rejection, in which an application is placed in condition for allowance, applicant should be notified promptly of allowability of the claims by a Notice of Allowability PTOL-37.” This means that…
Read MoreCan applicants choose not to enter Article 19 Amendments in the U.S. national stage?
Yes, applicants can choose not to enter Article 19 Amendments in the U.S. national stage. The USPTO provides a specific mechanism for this purpose. According to MPEP 1893.01(a)(2): “The “Transmittal Letter To The United States Designated/Elected Office (DO/EO/US) Concerning A Submission Under 35 U.S.C. 371″ (Form PTO-1390) available at www.uspto.gov/patent/patents-forms includes a check box by…
Read MoreWhat happens if I file a nonpublication request and later decide to file a foreign application?
If you file a nonpublication request and later decide to file a counterpart foreign or international application, you must take one of the following actions: Rescind the nonpublication request before filing the foreign or international application, or Notify the USPTO of the foreign filing no later than 45 days after the filing date of the…
Read MoreWhy are no more FAQs generated for MPEP 902.03(a)?
No additional FAQs can be generated for MPEP 902.03(a) because all relevant information from this section has been thoroughly covered in the previous questions and answers. The content of this MPEP section is brief and specific, focusing mainly on the Patent Classification Home Page on the USPTO website. All key aspects, including the purpose of…
Read MoreWhat is required for new grounds of rejection in an examiner’s answer?
When an examiner’s answer contains a new ground of rejection, specific requirements must be met. According to MPEP 1207.01: “If the examiner’s answer contains a new ground of rejection, it must clearly designate the rejection as a new ground of rejection. 37 CFR 41.39 specifies that new grounds of rejection must be approved by the…
Read MoreCan new evidence be introduced in a 35 U.S.C. 145 action?
Yes, in an action under 35 U.S.C. 145, the plaintiff is allowed to introduce new evidence that was not previously presented to the U.S. Patent and Trademark Office (USPTO). This is one of the key advantages of pursuing a civil action under 35 U.S.C. 145 instead of a direct appeal to the Federal Circuit. The…
Read MoreWhat is a linking claim in patent applications?
A linking claim in patent applications is a claim that links or connects multiple inventions that were initially considered separate or distinct. In the context of MPEP 803.03(a), a linking claim becomes significant when it is found allowable, potentially leading to the rejoining of previously divided inventions. The MPEP states: “Whenever divided inventions in a…
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