How does the USPTO handle extensions of time in accelerated examination?
How does the USPTO handle extensions of time in accelerated examination? The USPTO has specific guidelines for handling extensions of time in accelerated examination: Extensions of time under 37 CFR 1.136(a) are not permitted in accelerated examination. Extensions of time under 37 CFR 1.136(b) may be authorized in limited circumstances. Any request for an extension…
Read MoreCan an extension of time be granted after the statutory period has expired?
Generally, an extension of time cannot be granted after the statutory period has expired. The MPEP 710.02(e) states: ‘Any request for an extension of time filed after the statutory period for response has expired will be denied.’ However, there is an exception for situations where the applicant’s failure to respond was due to circumstances beyond…
Read MoreCan the time period for filing an appeal brief be extended?
Yes, the time period for filing an appeal brief can be extended. The MPEP states: The 2-month time period for filing an appeal brief on appeal to the Patent Trial and Appeal Board (37 CFR 41.37(a)) and the 1-month time period for filing a new appeal brief to correct the deficiencies in a defective appeal…
Read MoreHow can an applicant extend a shortened statutory period for reply?
An applicant can extend a shortened statutory period for reply under certain conditions. The MPEP states: Extensions of the statutory period under 35 U.S.C. 133 may be obtained under 37 CFR 1.136, provided the extension does not go beyond the 6-month statutory period from the date of the Office action (35 U.S.C. 133). To extend…
Read MoreCan documents be expunged from a patent file wrapper?
Can documents be expunged from a patent file wrapper? Yes, under certain circumstances, documents can be expunged from a patent file wrapper. However, the process is strictly regulated to maintain the integrity of the patent record. According to MPEP 724.01: “All business with the United States Patent and Trademark Office should be transacted in writing.…
Read MoreCan documents be expunged from a patent application file?
Yes, under certain circumstances, documents can be expunged from a patent application file. According to MPEP 719.01: 37 CFR 1.59 provides that certain documents may be expunged if they were unintentionally submitted or contain proprietary information which has not been made public and is not important to a decision of patentability. However, this is an…
Read MoreWhat is the difference between express and formal abandonment of a patent application?
Express abandonment and formal abandonment are two ways to voluntarily abandon a patent application: Express abandonment is initiated by the applicant or their attorney/agent by filing a written declaration of abandonment. Formal abandonment occurs when the applicant fails to reply to an Office action within the set statutory period or shortened statutory period. According to…
Read MoreHow does express abandonment affect the publication of a patent application?
Express abandonment can be used to prevent the publication of a patent application if filed in a timely manner. The MPEP 711.01 states: “An applicant may expressly abandon his or her application by filing a written declaration of abandonment identifying the application in the United States Patent and Trademark Office. Express abandonment of the application…
Read MoreWhat is express abandonment of a patent application?
Express abandonment is a formal procedure where an applicant or their attorney/agent voluntarily abandons a patent application. According to MPEP 711.01, A letter of abandonment properly signed becomes effective when an appropriate official of the Office takes action thereon. This means the abandonment is officially recognized when processed by the USPTO. To learn more: express…
Read MoreWhat happens if an express abandonment is filed on a weekend or holiday?
When an express abandonment is filed on a weekend or federal holiday, it is treated as received on the next business day. The MPEP 711.01 provides clear guidance on this: “A letter of express abandonment which is personally delivered to the Office on a Saturday, Sunday, or federal holiday within the District of Columbia, will…
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