What are public use proceedings in patent law?
Public use proceedings were a process in patent law that allowed third parties to challenge a patent application based on alleged public use or sale of the invention before the filing date. However, as of September 16, 2012, this process has been discontinued. According to the MPEP, Effective September 16, 2012, former 37 CFR. 1.292…
Read MoreWhat is the definition of ‘process’ in patent law?
The term ‘process’ is defined in 35 U.S.C. 100(b) as follows: The term “process” means process, art, or method, and includes a new use of a known process, machine, manufacture, composition of matter, or material. This definition is broad and encompasses various types of procedures or methods. Importantly, it also includes new uses of known…
Read MoreWhat is the process for developing and approving new Form Paragraphs?
The process for developing and approving new Form Paragraphs is outlined in MPEP 707. While the specific details of ‘subsection I’ are not provided in the given excerpt, we can infer that there is a formal approval process in place. The MPEP states: “If the form paragraph does not require the specific change to the…
Read MoreCan I use Priority Mail Express® for international patent application submissions to the USPTO?
Can I use Priority Mail Express® for international patent application submissions to the USPTO? Yes, you can use Priority Mail Express® for international patent application submissions to the USPTO. However, there are specific considerations: Priority Mail Express® can be used for correspondence relative to international applications under the Patent Cooperation Treaty (PCT). The USPTO acts…
Read MoreWhat are the requirements for a compliant Prioritized Examination request?
A compliant Prioritized Examination request must meet the following requirements: The application must be a utility or plant nonprovisional application. The request must be filed with the application or with a Request for Continued Examination (RCE). The application must contain no more than 4 independent claims and 30 total claims. The request must include the…
Read MoreHow does the USPTO handle prior art exceptions after final rejection?
The USPTO gives special consideration to submissions concerning prior art exceptions even after a final rejection. As stated in MPEP 714.12: Applicant’s submissions concerning the prior art exception under 35 U.S.C. 102(b)(2)(C) or prior art disqualification under pre-AIA 35 U.S.C. 103(c) are entitled to being considered even after a final rejection has been made. If…
Read MoreWhat is a petition to withdraw holding of abandonment?
A petition to withdraw holding of abandonment is a formal request made to the USPTO when an applicant believes their patent application has been incorrectly declared abandoned. This petition is filed under 37 CFR 1.181 and does not require a fee. According to the MPEP 711.03(c): Where an applicant contends that the application is not…
Read MoreWhat is a petition to withdraw holding of abandonment?
What is a petition to withdraw holding of abandonment? A petition to withdraw holding of abandonment is a formal request submitted to the USPTO when an applicant believes their patent application was incorrectly deemed abandoned. This petition is filed under 37 CFR 1.181 and does not require a fee. According to MPEP 711.03(c): ‘Where an…
Read MoreWhat are the requirements for a petition to make special based on environmental quality?
What are the requirements for a petition to make special based on environmental quality? A petition to make special based on environmental quality must meet specific criteria as outlined in MPEP 708.02(V). The MPEP states: ‘A petition to make special based on environmental quality must establish that the invention materially (1) enhances the quality of…
Read MoreAre personal interviews allowed after a final rejection?
Yes, personal interviews may be granted after a final rejection, but with limitations. According to MPEP 714.12: The prosecution of an application before the examiner should ordinarily be concluded with the final action. However, one personal interview by applicant may be entertained after such final action if circumstances warrant. Typically, only one interview request after…
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