What is the consequence of filing an inappropriate nonpublication request?
Filing an inappropriate nonpublication request can have serious consequences. According to MPEP 1122: “If applicants filed a nonpublication request in a U.S. application that claims the benefit to an earlier foreign or international application, the Office will not accept the nonpublication request and will assign a projected publication date. The applicant will be notified that…
Read MoreWhat are the consequences of failing to notify the USPTO of prior or concurrent proceedings?
Failing to notify the USPTO of prior or concurrent proceedings can have serious consequences. According to MPEP 1418: “Failure to notify the Office of any prior or concurrent proceeding may result in sanctions under 37 CFR 11.18.” These sanctions can include disciplinary action against the patent practitioner or the patent owner. Additionally, failure to disclose…
Read MoreWhat happens if I fail to file a Notice of Foreign Filing on time?
Failure to file a Notice of Foreign Filing within the required 45-day period results in the abandonment of the U.S. patent application. This consequence is explicitly stated in MPEP 1124 and 35 U.S.C. 122(b)(2)(B)(iii). According to MPEP 1124: “35 U.S.C. 122(b)(2)(B)(iii) further provides that failure of the applicant to provide the required notice within this…
Read MoreWhere can I find complete information on U.S. PCT reservations and incompatibilities?
For comprehensive information on U.S. PCT reservations, declarations, notifications, and incompatibilities, you should refer to the International Bureau’s notice. As stated in MPEP 1803: “For complete PCT reservations, declarations, notifications and incompatibilities, please see the International Bureau’s notice published on the WIPO website at: www.wipo.int/pct/en/texts/reservations/res_incomp.html.” This resource provides the most up-to-date and comprehensive information on…
Read MoreWhat happens after a Classification Challenge is submitted?
After a Classification Challenge is submitted, the following process occurs: The challenge is reviewed by management. If changes to C* designations are deemed necessary and a First Action on the Merits (FAOM) has not been submitted, the application may be rerouted based on the new C* designations. If no changes are made to the C*…
Read MoreWhat is the Classification Challenge Procedure in CPC?
The Classification Challenge Procedure in CPC is a process where patent examiners can challenge the designated CPC (Cooperative Patent Classification) symbols on a nonprovisional utility patent application if they believe the classifications are incorrect. According to MPEP 909.01(d): “When, in the opinion of the assigned examiner, the C* designated CPC symbol(s) on a nonprovisional utility…
Read MoreWhen should a Classification Challenge be submitted in relation to a restriction requirement?
When a restriction requirement is applicable, a Classification Challenge should be submitted only after an election has been made. This ensures that the challenge is based on the elected claims. As stated in MPEP 909.01(d): “In those applications in which a restriction is considered proper by the examiner, an election must be made prior to…
Read MoreWhat tool is used to track Classification Challenges?
The USPTO uses the Classification Allocation Tool (CAT) to track and manage Classification Challenges. According to MPEP 909.01(d): “SPEs and examiners must use the Classification Allocation Tool (CAT) classification challenge pages which create a record of the classification challenge history of each application and facilitates tracking of classification challenges of applications.” The CAT serves several…
Read MoreWhat should applicants consider when choosing an International Searching Authority?
When choosing an International Searching Authority (ISA), applicants should carefully consider the subject matter of their invention and the search policies of different ISAs. The MPEP 1843.02 advises: “The applicant considering the filing of an international application may be well advised not to file one if the subject matter of the application falls into one…
Read MoreWhat types of mistakes can be corrected with a Certificate of Correction?
According to MPEP 1481, there are three types of mistakes that can be corrected with a Certificate of Correction: Clerical mistakes Typographical mistakes Mistakes of minor character The MPEP states: “Two separate statutory requirements must be met before a Certificate of Correction for an applicant’s mistake may issue. The first statutory requirement concerns the nature,…
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