How do I request an oral hearing for a patent appeal?
To request an oral hearing for a patent appeal, you must: File a separate paper captioned “REQUEST FOR ORAL HEARING” Submit the request within two months from the date of the examiner’s answer or the date of filing a reply brief, whichever is earlier Include the appropriate fee as set forth in 37 CFR 41.20(b)(3)…
Read MoreHow do I request a Certificate of Correction for a patent?
To request a Certificate of Correction for a patent, you should: Address your request to the Commissioner for Patents, Office of Data Management, Attention: Certificates of Correction Branch, P.O. Box 1450, Alexandria, VA 22313-1450. If filing electronically, use the document description: “Request for Certificate of Correction.” Use the special Certificate of Correction form, PTO/SB/44 (also…
Read MoreHow can I obtain copies of published patent applications?
To obtain copies of published patent applications, you can follow these steps: Submit a request under 37 CFR 1.14(a)(1)(ii) or (iii) Pay the required fee set forth in 37 CFR 1.19(b) Submit your request to the Patent and Trademark Copy Fulfillment Branch of the Public Records Division Alternatively, submit your request electronically through the Certified…
Read MoreHow does a patent examiner initiate a Classification Challenge?
To initiate a Classification Challenge, a patent examiner must follow these steps: Access the Classification Allocation Tool (CAT) at https://cpc.uspto.gov/mcc/secure/index.html#/home Complete the C* challenge form Indicate all challenges to C* designations, including suggested additions Provide an explanation for each challenge As stated in MPEP 909.01(d): “Every challenge must also be accompanied by an explanation as…
Read MoreWhat is the process for appealing a FOIA Officer’s decision at the USPTO?
If you’re unsatisfied with a FOIA Officer’s decision regarding your Freedom of Information Act request at the USPTO, you can file an administrative appeal. The MPEP 1002.02(k)(2) states that the Office of General Law is responsible for deciding “2. Administrative appeals of the FOIA Officer’s decision.” To appeal a FOIA decision: Submit your appeal in…
Read MoreWhat is Private PAIR and how can I access it for international patent applications?
Private PAIR (Patent Application Information Retrieval) is a system that displays information regarding patent application status, allowing applicants to access current patent application status electronically via the Internet. To access private PAIR for international applications, you must meet the following criteria: Be a registered patent attorney/agent, an independent inventor, or a person granted limited recognition…
Read MoreHow can patent examiners obtain copies of foreign patent documents?
Patent examiners have several options to obtain copies of foreign patent documents: Access automated search tools such as EAST, WEST, and FPAS Request documents from the Foreign Patents Service Center in STIC Use the Global Dossier Public Access for PCT applications and WIPO-CASE participating offices Submit an online request using the Foreign Patent Request Form…
Read MoreWhat is the general rule regarding entering amendments in part?
The general rule is that an amendment should not be entered in part to avoid confusion of the record. As stated in MPEP 714.20: “To avoid confusion of the record the general rule prevails that an amendment should not be entered in part.” However, there are exceptions to this rule when strict adherence might cause…
Read MoreWhat role does the General Counsel play in USPTO disciplinary proceedings?
The General Counsel plays a significant role in USPTO disciplinary proceedings, particularly in matters involving the Office of Enrollment and Discipline (OED). According to MPEP 1002.02(k)(1), the General Counsel is responsible for deciding: Petitions under 37 CFR 11.2(d) from final decisions of the OED Director regarding enrollment or recognition Petitions under 37 CFR 11.2(e) from…
Read MoreHow do I format new claims added in a reissue application for an appeal brief?
When presenting new claims added in a reissue application as part of an appeal brief, you must format them in a specific way. According to MPEP 1454: “any new claims added in the reissue application should be completely underlined.” This means that any claim that was not present in the original patent, but was added…
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