What 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,…
Read MoreHow 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…
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