How does the Transitional After-Final Practice affect the treatment of Information Disclosure Statements (IDS)?
The Transitional After-Final Practice affects how Information Disclosure Statements (IDS) are treated. According to MPEP 706.07(g): In view of the fee set forth in 37 CFR 1.17(r), any (IDS) previously refused consideration in the application because of applicant’s failure to comply with 37 CFR 1.97(c) or (d) will be treated as though it has been…
Read MoreWhat happens to the finality of rejection after a submission under the Transitional After-Final Practice?
When a submission is made under the Transitional After-Final Practice and the appropriate fee is paid, the finality of the previous rejection is withdrawn. According to MPEP 706.07(g): The finality of the final rejection is automatically withdrawn upon the timely filing of the submission and payment of the fee set forth in 37 CFR 1.17(r).…
Read MoreWhat is the Transitional After-Final Practice?
The Transitional After-Final Practice, as described in MPEP 706.07(g), is a procedure that allows applicants with certain pending applications to have submissions considered after a final rejection. This practice was introduced to ease the transition between 17-year and 20-year patent terms. Specifically, the MPEP states: In order to facilitate the completion of prosecution of applications…
Read MoreWho is eligible for the Transitional After-Final Practice?
The Transitional After-Final Practice applies to specific patent applications. According to MPEP 706.07(g): Effective June 8, 1995, in any pending application having an actual or effective filing date of June 8, 1993 or earlier, applicant is entitled, under 37 CFR 1.129(a), to have a first submission after final rejection entered and considered on the merits,…
Read MoreWhat is the time period for replying to an Ex parte Quayle Office action?
An Ex parte Quayle Office action is issued when an application is in condition for allowance, except for matters of form. According to MPEP 710.02(b), When an application is in condition for allowance, except as to matters of form, such as correction of the specification, a new oath, etc., the application will be considered special…
Read MoreHow does the time period for replying to a Notice to File Missing Parts differ from other statutory periods?
The time period for replying to a Notice to File Missing Parts of an Application is treated differently from other statutory periods. The MPEP states: The 2-month time period for reply to A Notice to File Missing Parts of an Application is not identified on the Notice as a statutory period subject to 35 U.S.C.…
Read MoreWhat is the time frame for submitting a supplemental amendment to be considered timely?
What is the time frame for submitting a supplemental amendment to be considered timely? The time frame for submitting a supplemental amendment to be considered timely depends on when the initial reply was filed. According to MPEP 714.03(a): A supplemental amendment will be entered if it is filed within the period during which action by…
Read MoreHow can I terminate a suspension of action before its expiration?
An applicant can request termination of a suspension of action before its expiration period ends. According to MPEP 709, “Once the request for suspension of action under 37 CFR 1.103 has been approved, action on the application will be suspended until the suspension period has expired, unless the applicant submits a request for termination of…
Read MoreWhat is a suspension of action in patent examination?
A suspension of action is a temporary halt in the examination process of a patent application. According to MPEP 709, “Suspension of action (37 CFR 1.103) should not be confused with extension of time for reply (37 CFR 1.136). It is to be noted that a suspension of action applies to an impending Office action…
Read MoreHow does a suspension of action affect patent term adjustment?
A suspension of action can have a negative impact on patent term adjustment. According to MPEP 709, “Suspension of action under 37 CFR 1.103(a) – (d) at the applicant’s request will cause a reduction in patent term adjustment accumulated (if any) under 37 CFR 1.703. The reduction is equal to the number of days beginning…
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