What notice does the USPTO issue when granting a filing date for a supplemental examination request?
When the USPTO grants a filing date to a supplemental examination request, it issues a formal notice to the patent owner. According to MPEP 2812.01: “If the request is granted a filing date, the Office will mail a ‘Notice of Supplemental Examination Request Filing Date’.” This notice serves as official confirmation that the supplemental examination…
Read MoreHow does the USPTO provide notice for reexamination requests under 35 U.S.C. 302?
The USPTO provides notice for reexamination requests filed under 35 U.S.C. 302 through publication in the Official Gazette. This is particularly important when direct communication with the patent owner is not possible. MPEP 2230 states: “The publication in the Official Gazette of (A) the notice of the filing of a request for reexamination filed under…
Read MoreHow does the USPTO handle newly discovered prior art in inter partes reexamination when there’s concurrent litigation?
The USPTO’s handling of newly discovered prior art in inter partes reexamination with concurrent litigation is as follows: Estoppel under 35 U.S.C. 317(b) does not apply to newly discovered prior art unavailable during the litigation. The patent owner must show that the art was known to the requester at a time when it could have…
Read MoreWhat happens if the USPTO fails to issue a determination on a supplemental examination request within 3 months?
According to MPEP 2816, if the USPTO fails to issue a determination on a supplemental examination request within 3 months, the following occurs: “If the Office does not issue a determination on the request within 3 months, supplemental examination is deemed to be concluded.” This means that even if the USPTO doesn’t respond within the…
Read MoreWhat information does the USPTO provide in response to maintenance fee status requests?
When responding to maintenance fee status requests, the USPTO provides comprehensive information about the patent’s maintenance fee history. According to MPEP 2570: “The Office will provide the status including the amount of any maintenance fee paid, the date paid, and any expiration date.” This information typically includes: The current status of the patent (active or…
Read MoreWhen does the USPTO send Maintenance Fee Reminders?
According to MPEP 2575, the USPTO does not send Maintenance Fee Reminders until after the grace period has begun: “Since patentees are expected to maintain their own record and docketing systems and since it is expected that most patentees will pay their maintenance fees during the window period to avoid payment of a surcharge, the…
Read MoreHow quickly does the USPTO update maintenance fee payment information in their systems?
The USPTO generally updates maintenance fee payment information in their systems promptly, but the exact timing can vary. While the MPEP 2570 doesn’t specify a timeframe, it’s important to note: Electronic payments are typically processed and reflected in the USPTO’s systems within 1-2 business days. Mail-in payments may take longer to process and update in…
Read MoreHow can patentees obtain a receipt for maintenance fee payments?
Patentees can obtain a receipt for maintenance fee payments by request. As stated in MPEP 2575: “Upon request, the Office will issue a receipt for payment of maintenance fees submitted by mail or facsimile after entry of the maintenance fee payment.” These receipts are sent to the fee address (or the correspondence address if no…
Read MoreHow does the USPTO handle a maintenance fee payment with only a patent number?
When a maintenance fee payment is submitted with only a patent number and no application number, the USPTO has two options. According to MPEP 2530, If a maintenance fee payment identifies only the patent number (i.e., does not identify the application number for the patent on which the maintenance fee is being paid), the Office…
Read MoreWhat are the options for submitting maintenance fee payments to the USPTO?
The USPTO offers several options for submitting maintenance fee payments: Over the Internet: Payments can be made through the Patent Maintenance Fees Storefront using electronic funds transfer (EFT), credit card, or deposit account. By Mail: Payments can be mailed to the USPTO’s designated address. By Facsimile: Fax submissions are accepted when charged to a deposit…
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