What is PSTAR in patent examination?
PSTAR stands for Patents Service for Time and Application Routing. According to MPEP 504, PSTAR is “the program [that] assigns each nonprovisional application to an examiner.” This system is used by the United States Patent and Trademark Office (USPTO) to efficiently distribute patent applications to the appropriate examiners for review. To learn more: PSTAR patent…
Read MoreWhen are duplicate copies of patent correspondence required?
While the USPTO generally discourages filing duplicate copies, there are situations where separate copies are necessary. According to MPEP 502.04: Since each file must be complete in itself, a separate copy of every paper to be filed in a patent, patent file, or other proceeding must be furnished for each file to which the paper…
Read MoreHow can an applicant challenge a new matter rejection?
An applicant can challenge a new matter rejection through different procedures depending on where the alleged new matter appears: Specification: If the new matter is confined to amendments in the specification, the challenge is made by way of petition. Claims: If the alleged new matter is in the claims or affects the claims, the challenge…
Read MoreCan small entity status be changed during the life of a patent?
Can small entity status be changed during the life of a patent? Yes, small entity status can change during the life of a patent. The MPEP 509.03 provides guidance on this: Once status as a small entity has been established in an application or patent, fees as a small entity may thereafter be paid in…
Read MoreHow do I claim priority in a nonprovisional international design application?
To claim priority in a nonprovisional international design application: Include a priority claim in the international design application when filed with the International Bureau (IB). The priority claim must specify the application number and filing date of the priority application. File a certified copy of the priority application with the IB or the USPTO, or…
Read MoreWhat are the requirements for completing a nonprovisional application filed on or after December 18, 2013?
For nonprovisional applications filed on or after December 18, 2013, the requirements for completion include: Submitting the appropriate filing fee, search fee, and examination fee Filing an inventor’s oath or declaration For applications other than design applications, submitting at least one claim Submitting any required drawings The MPEP states: If an application which has been…
Read MoreWhat are the requirements for sending confidential information via email to the USPTO?
When sending confidential information via email to the USPTO, specific requirements must be met: Use of the Electronic Filing System (EFS-Web) is strongly recommended for submitting confidential information. If email must be used, it should be through the USPTO’s secure email system. An authorization from the applicant is required before sending confidential information via email.…
Read MoreHow can I confirm that the USPTO has received my priority document through PDX?
Confirming receipt of your priority document by the USPTO through the Priority Document Exchange (PDX) program is crucial. The MPEP emphasizes this responsibility: Applicants continue to bear the ultimate responsibility for ensuring that the priority document is filed during the pendency of the application and before the patent is issued. Accordingly, applicants are encouraged to…
Read MoreWhat happens if an applicant fails to submit required application components within the specified time period?
If an applicant fails to submit required application components within the specified time period, the following consequences may occur: The application may be considered abandoned. If abandoned, the application will be treated as though it had never been filed. The applicant may lose the benefit of the original filing date. The MPEP states: Upon failure…
Read MoreWhat are the consequences of submitting unauthorized correspondence to the USPTO for patent applications filed after September 16, 2012?
Submitting unauthorized correspondence to the USPTO for patent applications filed after September 16, 2012, can have serious consequences: The correspondence may be returned or not entered into the application It could cause delays in the processing of the application Important deadlines might be missed, potentially leading to abandonment of the application There may be additional…
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