Is increasing the number of claims in a response considered not fully responsive?
Increasing the number of claims in a response to a second or subsequent non-final action on the merits is not, by itself, a reason to consider the response not fully responsive. The MPEP states: An amendment submitted after a second or subsequent non-final action on the merits which is otherwise responsive but which increases the…
Read MoreHow are incomplete replies to a Requirement for Information treated?
Incomplete replies to a Requirement for Information under 37 CFR 1.105 are handled similarly to amendments that are not fully responsive to a non-final Office action. The MPEP states, An incomplete reply to a 37 CFR 1.105 requirement in a pending application or reexamination proceeding is handled in the same manner as an amendment not…
Read MoreWhat happens if I don’t fully respond to a Requirement for Information?
If you fail to reply completely to a Requirement for Information within the set time period (including any extensions), your application will be abandoned. As stated in the MPEP, Failure to reply within the time period set will result in the abandonment of the application. However, if you provide an incomplete reply within the original…
Read MoreWhat is an image file wrapper in patent examination?
An image file wrapper in patent examination is an electronic file that contains scanned images of all documents related to a patent application. This includes the examiner’s actions, correspondence, and other relevant materials. The MPEP 707.12 mentions the image file wrapper in the context of examiner actions: Access to the examiner’s action is given electronically…
Read MoreHow can I request an extension of time to reply to a USPTO Office action?
How can I request an extension of time to reply to a USPTO Office action? To request an extension of time to reply to a USPTO Office action, you need to follow specific procedures. According to MPEP 704.13: “Extensions of time may be granted only pursuant to petition under 37 CFR 1.136(a) or (b).” Here’s…
Read MoreHow does the Patent Law Treaty affect USPTO response periods?
The Patent Law Treaty (PLT) has influenced USPTO response periods for most Office actions. According to MPEP 710.02(b), The Patent Law Treaty (PLT), which entered into force with respect to the United States on December 18, 2013, provides for a time period of at least two months for replies to most Office actions and other…
Read MoreHow long is the shortened statutory period for replying to a restriction requirement?
According to MPEP 710.02(b), the shortened statutory period for replying to a restriction requirement or election of species (with no action on the merits) is 2 months. The MPEP states: 2 MONTHS (A) Requirement for restriction or election of species only (no action on the merits) …… MPEP §§ 809.02(a) and 817. This period allows…
Read MoreHow are 30-day periods for reply calculated in patent proceedings?
In patent proceedings, 30-day periods for reply are calculated as calendar days, including weekends and holidays. However, there is an exception for the final day of the period. According to MPEP 710.01(a): A 30-day period for reply in the Office means 30 calendar days including Saturdays, Sundays, and federal holidays. However, if the period ends…
Read MoreWhat happens to exhibits that do not comply with USPTO requirements?
The United States Patent and Trademark Office (USPTO) has specific guidelines for handling exhibits that do not meet the required standards. According to MPEP 715.07(d), “Exhibits that do not comply with the requirements of 37 CFR 1.91 will be disposed of or returned to applicant at the discretion of the Office.” This means that if…
Read MoreWhat happens if an applicant replies a day or two after a specified time limit?
When an applicant replies a day or two after a specified time limit (not a shortened statutory period), the examiner may have some discretion in handling the late reply. The MPEP states: Where an applicant replies a day or two after the specified time, the delay may be excused by the examiner if satisfactorily explained.…
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