Who is responsible for reporting time spent on reexamination activities at the USPTO?
According to MPEP Section 2638, the responsibility for reporting time spent on reexamination activities extends to all USPTO personnel involved in the process. The section clearly states: “Thus, all USPTO personnel should report all time spent on reexamination on their individual Time and Attendance Reports.” This directive applies to everyone involved in the reexamination process,…
Read MoreHow does the USPTO handle protests filed against patent applications?
The USPTO has established procedures for reviewing protests to determine if they comply with 37 CFR 1.291 before being made of record in an application. Compliant protests are entered into the record and made available to the examiner for consideration as early as possible. According to the MPEP, “Evidence submitted in a protest will be…
Read MoreWhat is the time limit for the USPTO to issue a Notification of Refusal?
According to MPEP 2920.05(a), the USPTO has 12 months from the publication of the international registration to issue a Notification of Refusal. Specifically, the MPEP states: “In accordance with 37 CFR 1.1062(b), a notification of refusal is to be sent to the International Bureau within 12 months from the publication of the international registration where…
Read MoreWhat information must be included in a Notification of Refusal?
According to MPEP 2920.05(a) and 37 CFR 1.1063(a), a Notification of Refusal must contain or indicate: The number of the international registration The grounds on which the refusal is based A copy of a reproduction of the earlier industrial design and information concerning the earlier industrial design, where the grounds of refusal refer to similarity…
Read MoreWhat is the mailing address for paper-filed international design applications at the USPTO?
What is the mailing address for paper-filed international design applications at the USPTO? For those choosing to file international design applications on paper with the USPTO, the correct mailing address is crucial. According to MPEP 2905, paper-filed international design applications should be mailed to: Mail Stop International DesignCommissioner for PatentsP.O. Box 1450Alexandria, VA 22313-1450 It’s…
Read MoreIs there a limit to how many patents I can check for maintenance fee status by phone?
Yes, there is a limit when checking maintenance fee status by phone. The MPEP clearly states: “Telephone status requests are limited to two patent numbers per telephone call.” This limitation is likely in place to ensure efficient use of USPTO resources and to prevent long wait times for other callers. If you need to check…
Read MoreHow does the USPTO process international design applications designating the United States?
The United States Patent and Trademark Office (USPTO) processes international design applications designating the United States as follows: The USPTO examines the application according to U.S. law, as stated in 35 U.S.C. 389(a). No additional submissions are required from the applicant to initiate examination. Published international design registrations designating the U.S. are automatically received from…
Read MoreCan the USPTO grant an interim extension without a request from the applicant?
Yes, the USPTO can grant an interim extension without a request from the applicant. According to MPEP 2755.01: “The Director may issue interim extensions, without a request by the applicant, for periods of up to one year each until a final determination is made.“ However, the MPEP also advises: “The Director may issue an interim…
Read MoreCan the USPTO initiate ex parte reexamination on its own?
Yes, the USPTO can initiate ex parte reexamination on its own. According to MPEP 2212: “It is also possible for the Director of the Office to initiate reexamination on the Director’s own initiative under 37 CFR 1.520.“ This means that the Director of the USPTO has the authority to start an ex parte reexamination process…
Read MoreWhat information does the USPTO request from regulatory agencies to determine patent term extension eligibility?
The USPTO requests specific information from regulatory agencies to help determine patent term extension eligibility. According to the MPEP, this information typically includes: Verification of whether the product underwent a regulatory review period within the meaning of 35 U.S.C. 156(g) prior to commercial marketing or use Confirmation that the marketing permission was for the first…
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