What forms are used by the USPTO in inter partes reexamination actions?
The USPTO uses several specific forms for inter partes reexamination actions and processing. According to MPEP 2696, these forms include: PTOL-2064: Office Action in Inter Partes Reexamination PTOL-2065: Action Closing Prosecution (37 CFR 1.949) PTOL-2066: Right of Appeal Notice (37 CFR 1.953) PTOL-2068: Notice of Intent to Issue Inter Partes Reexamination Certificate PTOL-2069: Notice of…
Read MoreWhat forms are used in ex parte reexamination proceedings?
The USPTO uses several specific forms for ex parte reexamination actions and processing. Some key forms include: PTOL-471D: Order Denying Request For Ex Parte Reexamination PTOL-471G: Order Granting Request For Ex Parte Reexamination PTOL-466: Office Action in Ex Parte Reexamination PTOL-469: Notice of Intent to Issue Ex Parte Reexamination Certificate As stated in MPEP 2296,…
Read MoreHow does the USPTO treat foreign language publications as prior art?
The USPTO considers foreign language publications as potential prior art, provided they meet the criteria for public accessibility and publication date. According to MPEP 2128: “Prior art publications in a language other than English are considered as prior art as of their publication date, even though an English translation may not be available until a…
Read MoreHow does the USPTO handle submissions from foreign courts?
The United States Patent and Trademark Office (USPTO) has specific guidelines for handling submissions from foreign courts. According to MPEP 2207: “It is to be further noted that 35 U.S.C. 290 is directed to ‘courts of the United States.’ Accordingly, any submission of papers from a court outside the United States (a foreign jurisdiction) will…
Read MoreWhen can the USPTO make a final determination on a patent term extension application?
The USPTO can make a final determination on a patent term extension application at various points in the process. According to MPEP 2755: “A final determination may be made at any time after an application is filed.“ This means that once an applicant submits their patent term extension application, the USPTO has the authority to…
Read MoreWhat information is included in the filing receipt for an international design application?
When the USPTO receives the publication of an international design application under Article 10(3) of the Hague Agreement, it sends a filing receipt to the applicant. According to the MPEP, this filing receipt includes the following information: U.S. application number U.S. filing date Inventorship Applicant information Other relevant application data of record The MPEP states:…
Read MoreWhat are the filing options for international design applications at the USPTO?
What are the filing options for international design applications at the USPTO? The USPTO offers multiple filing options for international design applications. According to MPEP 2905: EFS-Web: “Applicants may file international design applications electronically through EFS-Web.” Paper filing: “Alternatively, international design applications may be filed on paper with the USPTO by mail.” Hand delivery: Paper…
Read MoreHow does the USPTO define the “field of endeavor” in patent examination?
The USPTO takes a broad approach to defining the “field of endeavor” in patent examination. According to MPEP 2141.01(a): “The determination of what is analogous prior art is fact specific and may vary from case to case. In determining whether a reference is reasonably pertinent, an examiner should consider the problem faced by the inventor,…
Read MoreAre there additional fees for submitting large Sequence Listing files?
Yes, there are additional fees for submitting large Sequence Listing files to the USPTO. The fee structure is as follows: Sequence Listing ASCII plain text files of 300 MB or more are subject to a fee under 37 CFR 1.21(o). The fee is divided into two tiers: Tier 1: File sizes 300 MB to 800…
Read MoreHow does the USPTO handle fees for copies of records in contested cases?
The USPTO has specific requirements for fees related to copies of records in contested cases. According to MPEP 2307.02: “Any request from a party for access to or copies of Office records directly related to a contested case must be filed with the Board. The request must precisely identify the records and in the case…
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