What are the fees associated with international preliminary examination?
The fees associated with international preliminary examination include: The preliminary examination fee, which benefits the International Preliminary Examining Authority (e.g., USPTO) The handling fee, which benefits the International Bureau and is collected by the International Preliminary Examining Authority As stated in the MPEP, “The current amount of both the preliminary examination fee and the handling…
Read MoreWhat types of petitions are decided by the Director of International Patent Legal Administration?
The Director of International Patent Legal Administration decides various types of petitions related to international patent applications and national stage applications. These include: Petitions to withdraw notices of acceptance or filing receipts for national stage applications under 35 U.S.C. 371 Petitions for withdrawal of attorney or agent of record in PCT proceedings Petitions for access…
Read MoreHow is a civil action under 35 U.S.C. 145 or 146 initiated?
To initiate a civil action under 35 U.S.C. 145 or 146, follow these steps: File a complaint in the U.S. District Court for the Eastern District of Virginia within the specified timeframe. Serve copies of the complaint and summons on the Director of the USPTO, the U.S. Attorney for the District of Columbia, and the…
Read MoreWhat information should be included in a Notice of Allowability?
A Notice of Allowability (form PTOL-37) should include specific information related to the allowance of the patent application. According to MPEP 1302.03: “The date of any communication and/or interview which resulted in the allowance should be included in the notice.” Based on this guidance, a Notice of Allowability typically includes: The application number and filing…
Read MoreWhat happens if I file an international application with the USPTO but I’m not eligible?
If you file an international application with the USPTO as the Receiving Office but you’re not eligible (i.e., you’re not a resident or national of the United States), the application may be forwarded to the International Bureau as Receiving Office. The MPEP explains: “PCT Rule 19.4 provides for transmittal of an international application to the…
Read MoreWhat is the Index to the U.S. Patent Classification System?
The Index to the U.S. Patent Classification System (USPC) is an alphabetic listing of technical and common terms that refer to specific classes and subclasses within the USPC. As stated in MPEP 902.01(a): “The Index to the U.S. Patent Classification System (USPC) is an alphabetic listing of technical and common terms referring to specific classes…
Read MoreWhat is the importance of the title of invention in a patent application?
The title of invention plays a crucial role in a patent application as it should be specific to the invention as claimed. The Manual of Patent Examining Procedure (MPEP) § 1302.04(a) states: “Where the title of the invention is not specific to the invention as claimed, see MPEP § 606.01.” This guidance emphasizes that the…
Read MoreWhy is prompt notification of a Notice of Allowability important?
Prompt notification of a Notice of Allowability is crucial for several reasons. According to MPEP 1302.03: “Prompt notice to applicant is important because it may avoid an unnecessary appeal and act as a safeguard against a holding of abandonment.” This statement highlights two key benefits of timely notification: Avoiding unnecessary appeals: If an applicant is…
Read MoreHow does traversing a restriction requirement affect the examination process?
Traversing a restriction requirement can have several effects on the examination process: It preserves the applicant’s right to petition the restriction requirement. It requires the examiner to reconsider and respond to the traversal arguments. It may result in the withdrawal of the restriction requirement if the examiner finds the arguments persuasive. It can potentially lead…
Read MoreHow can I access and search the CPC database?
The CPC database can be accessed and searched through various tools provided by the USPTO and EPO. According to MPEP 905.03(a), “The CPC schemes and definitions are available online from the USPTO’s website at https://www.uspto.gov/web/patents/classification/cpc/html/cpc.html.” To search the CPC database effectively: Use the USPTO’s CPC search tool or the EPO’s Espacenet database Familiarize yourself with…
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