How are NASA and DoE ownership contests handled by the USPTO?
NASA and DoE ownership contests are handled by the USPTO using procedures similar to patent interferences. The MPEP 2309 states: “Although these cases are not interferences, the interference practices in this chapter generally apply to NASA and DoE ownership contests as well.” The process involves collaboration between various USPTO departments: The examiner works in coordination…
Read MoreHow does the USPTO prioritize reexamination proceedings and reissue applications?
The USPTO prioritizes reexamination proceedings and reissue applications as follows: Highest Priority: Cases involved in litigation (both reexamination proceedings and reissue applications) Second Priority: Reexamination proceedings not involved in litigation Lower Priority: All other cases As stated in MPEP 2661: “Any cases involved in litigation, whether they are reexamination proceedings or reissue applications, will have…
Read MoreHow does the USPTO handle prior art rejections when operability is questioned?
The USPTO handles prior art rejections where operability is questioned as follows: The examiner must provide a reasonable basis to question the operability of the prior art. If operability is questioned, the burden shifts to the applicant to provide rebuttal evidence. The prior art is presumed to be operable unless proven otherwise. As stated in…
Read MoreDoes the USPTO return or preserve the computer readable form (CRF) submitted on read-only optical discs?
No, the USPTO does not permanently preserve or return computer readable forms (CRFs) submitted on read-only optical discs. The MPEP clearly states: The Office does not desire to be bound by a requirement to permanently preserve computer readable forms submitted on read-only optical disc(s) for support, priority or correction purposes. Thus, once use of the…
Read MoreHow does the USPTO make a preliminary eligibility decision for patent term extension?
The USPTO makes a preliminary eligibility decision for patent term extension through the following process: The USPTO sends an initial letter to the relevant regulatory agency requesting information on eligibility. Upon receiving a reply from the regulatory agency, the USPTO reviews the information provided. The USPTO compares the regulatory agency’s information with the details in…
Read MoreWhat is the preferred method for submitting a “Sequence Listing” to the USPTO?
The USPTO’s preferred method for submitting a “Sequence Listing” is as an ASCII plain text file via the USPTO patent electronic filing system. The MPEP states: Filing the “Sequence Listing” as an ASCII plain text file submitted via the USPTO patent electronic filing system that complies with both 37 CFR 1.821(c) and (e) is the…
Read MoreWho is responsible for reporting time spent on reexamination activities at the USPTO?
According to MPEP Section 2638, the responsibility for reporting time spent on reexamination activities extends to all USPTO personnel involved in the process. The section clearly states: “Thus, all USPTO personnel should report all time spent on reexamination on their individual Time and Attendance Reports.” This directive applies to everyone involved in the reexamination process,…
Read MoreHow should USPTO personnel handle inquiries from third parties about supplemental examination?
USPTO personnel should not engage in discussions with third parties regarding specific supplemental examination proceedings. The MPEP 2803.01 states: “Office personnel, including both the examining and the technical support staff, should not enter into a discussion with, or answer inquiries from, third parties (i.e., parties who are not the patent owner) regarding a supplemental examination…
Read MoreHow does the USPTO handle requests for reconsideration of patent term adjustment?
The USPTO handles requests for reconsideration of patent term adjustment through a manual redetermination process. As stated in the MPEP, “The Office will conduct a manual redetermination of patent term adjustment in response to a request for reconsideration of the patent term adjustment.” This process may result in: The requested amount of patent term adjustment…
Read MoreWhen does the USPTO provide notification of Patent Term Adjustment?
The USPTO’s notification process for Patent Term Adjustment (PTA) has changed due to the AIA Technical Corrections Act. As stated in MPEP 2733: “The Office will no longer provide a notification of the patent term adjustment with the mailing of the notice of allowance for any patent granted on or after January 14, 2013.” Instead,…
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