How can I file a Freedom of Information Act (FOIA) request with the USPTO?
To file a Freedom of Information Act (FOIA) request with the USPTO, you should submit your request to the Office of General Law. According to MPEP 1002.02(k)(2), the Office of General Law is responsible for deciding “1. Requests filed under the Freedom of Information Act (FOIA).” To submit a FOIA request: Visit the USPTO’s FOIA…
Read MoreCan I use facsimile transmission to file an international patent application?
No, facsimile transmission cannot be used for filing an international patent application. The MPEP clearly states: “Facsimile transmission may not be used for the filing of an international application, the filing of color drawings under 37 CFR 1.437, or the filing of a copy of the international application and the basic national fee to enter…
Read MoreHow are extension of time fees handled in examiner’s amendments?
Extension of time fees can be handled through examiner’s amendments under specific circumstances. The MPEP 1302.04 provides guidance on this process: “Form paragraph 13.02.02 should be used if an extension of time is required.” The form paragraph reads: “An extension of time under 37 CFR 1.136(a) is required in order to make an examiner’s amendment…
Read MoreCan an applicant request an extension of time to respond to a restriction requirement?
Yes, an applicant can request an extension of time to respond to a restriction requirement. According to MPEP 818.01(a): “A shortened statutory period will be set for reply to a written restriction requirement. Extensions of time may be requested under 37 CFR 1.136.” This means that: The USPTO typically sets a shortened statutory period for…
Read MoreWhat are the expenses involved in a civil action under 35 U.S.C. 145?
In a civil action under 35 U.S.C. 145, the applicant is responsible for all expenses related to the proceedings. The MPEP clearly states: “All the expenses of the proceedings shall be paid by the applicant (see 35 U.S.C. 145).“ These expenses may include, but are not limited to: Court filing fees Attorney fees Expert witness…
Read MoreAre there any exceptions to the public access policy for reissue applications?
While the general policy is to provide public access to reissue applications, there is an exception for certain types of continued prosecution applications (CPAs). According to MPEP 1470: “37 CFR 1.11(b) opens all reissue applications to inspection by the general public.“ However, the MPEP also notes an exception: “The filing of a continued prosecution application…
Read MoreAre there exceptions to announcing reissue applications in the Official Gazette?
Yes, there are exceptions to announcing reissue applications in the Official Gazette. According to MPEP 1430: Continued Prosecution Applications (CPAs) of design reissue applications: “The filing of a continued prosecution application (CPA) of a design reissue application under 37 CFR 1.53(d) (effective July 14, 2003, CPA practice was eliminated as to utility and plant applications)…
Read MoreWhat are examiner’s amendments in patent applications?
Examiner’s amendments are changes made to a patent application by the examiner, with the applicant’s authorization, to correct informalities or make minor adjustments. According to MPEP 1302.04, “An examiner’s amendment may be used to correct informalities in the body of the written portions of the specification as well as all errors and omissions in the…
Read MoreHow are examiner’s amendments authorized and documented?
Examiner’s amendments require authorization from the applicant or their representative. The process is documented as follows: The examiner obtains authorization during an interview with the applicant or their attorney/agent. The examiner’s amendment must be signed by the primary examiner and entered into the file. A copy of the amendment is sent to the applicant. The…
Read MoreWhat is an Examiner’s Amendment in patent prosecution?
What is an Examiner’s Amendment in patent prosecution? An Examiner’s Amendment is a formal amendment to a patent application made by the examiner with the applicant’s authorization. According to MPEP 1004, “Primary Examiners have the authority to grant Examiner’s Amendments.” This process allows for: Minor corrections to the application Clarification of claim language Resolving issues…
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