What is the ‘safety net’ provision in 37 CFR 1.136(a)(3)?
The ‘safety net’ provision in 37 CFR 1.136(a)(3) is designed to protect applicants who inadvertently omit a petition for extension of time. The MPEP explains that this provision allows for three scenarios to be treated as a constructive petition for an extension of time: A previously filed written request to treat a reply requiring an…
Read MoreHow does the fee structure work for extensions of time under 37 CFR 1.136(a)?
The fee structure for extensions of time under 37 CFR 1.136(a) is cumulative. The MPEP explains: The fees for extensions of time under 37 CFR 1.136(a) are set forth in 37 CFR 1.17(a) and are subject to a 50% reduction for persons or concerns qualifying as small entities. The fees itemized at 37 CFR 1.17(a)…
Read MoreHow are patent examiners’ actions delivered to applicants?
Patent examiners’ actions are delivered to applicants through two main methods: Electronic access: Applicants can access the examiner’s action electronically through the USPTO’s electronic filing system. Mailed copies: Physical copies of the examiner’s action are mailed to the applicant. As stated in MPEP 707.12: Access to the examiner’s action is given electronically or copies are…
Read MoreWhat happens to papers submitted to the USPTO after they are entered into the image file wrapper?
Once papers are entered into the image file wrapper of a patent application, they become a permanent part of the record and cannot be withdrawn or expunged without special authority from the Director of the USPTO. As stated in MPEP 719.01: No paper legally entered in the image file wrapper should ever be withdrawn or…
Read MoreWhat are the time limits for extensions under 37 CFR 1.136(a)?
According to 37 CFR 1.136(a), an applicant may extend the time period for reply up to five months after the time period set for reply, unless: Prohibited by statute Prohibited by one of the items listed in the rule The applicant has been notified otherwise in an Office action The MPEP states: 37 CFR 1.136(a)…
Read MoreDoes submitting objective evidence of patentability guarantee a patent?
No, submitting objective evidence of patentability does not guarantee a patent. The MPEP 716.01(d) clearly states: “The submission of objective evidence of patentability does not mandate a conclusion of patentability in and of itself.” This means that while objective evidence is considered, it is weighed against other evidence and arguments in the record. The examiner…
Read MoreWhat does ‘No Inter Partes Questions Discussed Ex Parte’ mean in patent examination?
In patent examination, ‘No Inter Partes Questions Discussed Ex Parte’ means that an examiner is not allowed to discuss issues involving multiple parties (inter partes) with only one party present (ex parte). The Manual of Patent Examining Procedure (MPEP) Section 713.06 states: The examiner may not discuss inter partes questions ex parte with any of…
Read MoreCan affidavits or evidence be submitted after a final rejection?
Yes, affidavits or other evidence can be submitted after a final rejection, but under specific conditions. According to MPEP 714.12: An affidavit or other evidence submitted after a final rejection or other final action (§ 1.113) in an application or in an ex parte reexamination filed under § 1.510, or an action closing prosecution (§…
Read MoreCan I request accelerated examination for design patent applications?
Yes, accelerated examination is available for design patent applications. The MPEP 708.02(a) states: ‘Design applications may be included in the accelerated examination program.’ However, there are specific requirements for design applications: The application must be complete and meet all requirements for design patents. A petition to make special under the accelerated examination program must be…
Read MoreHow are models and exhibits handled in patent applications?
Models and exhibits received by the U.S. Patent and Trademark Office are handled as follows: They are taken to the Technology Center (TC) assigned to the related application for examination. Their receipt must be properly recorded on an artifact sheet. A label with the application number, filing date, and attorney’s information should be attached for…
Read More