How does the USPTO notify applicants of patent term adjustment determinations?
The USPTO has specific procedures for notifying applicants about patent term adjustment (PTA) determinations. According to MPEP 2733: “The Office generally prints the patent term adjustment determination on the Notice of Allowance and Issue Fee Due (PTOL-85).” The notification process includes: Printing the PTA determination on the Notice of Allowance Providing a breakdown of the…
Read MoreHow does the USPTO calculate the patent term adjustment period?
The USPTO calculates the patent term adjustment period based on several factors outlined in MPEP 2731. The calculation includes: Delays attributed to the USPTO (A delays) Delays due to interference proceedings, secrecy orders, or successful appellate review (B delays) Delays due to Request for Continued Examination (RCE) filings Overlapping days between A and B delays…
Read MoreHow does the USPTO calculate patent term adjustment for applications filed on or after May 29, 2000?
For patent applications filed on or after May 29, 2000, the USPTO calculates patent term adjustment (PTA) based on several factors. According to MPEP 2733: “The Office makes the patent term adjustment determination by a computer program that uses the information recorded in the Office’s Patent Application Locating and Monitoring (PALM) system.” The calculation takes…
Read MoreHow does the USPTO prioritize different types of patent cases?
The United States Patent and Trademark Office (USPTO) has a specific prioritization system for different types of patent cases. According to MPEP 2261, the priority order is as follows: Reexamination proceedings and reissue applications involved in litigation Reexamination proceedings not involved in litigation All other cases The MPEP specifically states: “Any cases involved in litigation,…
Read MoreHow does the USPTO handle protests filed against patent applications?
The USPTO has established procedures for reviewing protests to determine if they comply with 37 CFR 1.291 before being made of record in an application. Compliant protests are entered into the record and made available to the examiner for consideration as early as possible. According to the MPEP, “Evidence submitted in a protest will be…
Read MoreHow does the USPTO handle paper files in the interference process?
The USPTO has transitioned most application files to the Image File Wrapper (IFW) system, but some older files may still exist in paper form. The MPEP 2304.01(b) addresses this issue: “Although the official records for most applications have been converted into Image File Wrapper (IFW) files, some records exist only in paper form, particularly older…
Read MoreWhat is the requirement for notifying the USPTO about other post-patent proceedings during supplemental examination?
According to MPEP 2820, patent owners must notify the USPTO as soon as possible about any other prior or concurrent post-patent Office proceedings involving the patent under supplemental examination. This requirement is outlined in 37 CFR 1.620(d), which states: “The patent owner must, as soon as possible upon the discovery of any other prior or…
Read MoreWhat is the time limit for the USPTO to issue a Notification of Refusal?
According to MPEP 2920.05(a), the USPTO has 12 months from the publication of the international registration to issue a Notification of Refusal. Specifically, the MPEP states: “In accordance with 37 CFR 1.1062(b), a notification of refusal is to be sent to the International Bureau within 12 months from the publication of the international registration where…
Read MoreWhat information must be included in a Notification of Refusal?
According to MPEP 2920.05(a) and 37 CFR 1.1063(a), a Notification of Refusal must contain or indicate: The number of the international registration The grounds on which the refusal is based A copy of a reproduction of the earlier industrial design and information concerning the earlier industrial design, where the grounds of refusal refer to similarity…
Read MoreHow does the USPTO communicate defective papers in ex parte reexamination?
The USPTO uses specific forms to communicate defective papers in ex parte reexamination, depending on who requested the reexamination. According to MPEP 2296, there are two forms for this purpose: PTOL-475: Notice of Defective Paper In Ex Parte Reexamination – Third Party Requested PTO-2311: Notice of Defective Paper in Ex Parte Reexamination – Patent Owner…
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