How do I update or correct the name of the applicant in an international design application?
To update or correct the name of the applicant in a nonprovisional international design application, you need to: Submit a corrected Application Data Sheet (ADS) under 37 CFR 1.76 Specify the correct or updated name of the applicant in the applicant information section Identify the information being changed with underlining for insertions and strike-through or…
Read MoreHow does the USPTO handle an untimely or inappropriate comment from a third party requester in inter partes reexamination?
According to MPEP 2666.10, if a third party requester files an untimely or inappropriate comment, notice of appeal, or brief in an inter partes reexamination, the USPTO will refuse consideration of the paper. Specifically: “If the third party requester files an untimely or inappropriate comment, notice of appeal or brief in an inter partes reexamination,…
Read MoreWhat happens to untimely submissions in ex parte reexamination?
Untimely submissions in ex parte reexamination are generally not considered and may be returned to the sender. MPEP 2252 states: “Untimely submissions will ordinarily not be considered. Untimely submissions, other than untimely papers filed by the patent owner after the period set for response, will not be placed of record in the reexamination file but…
Read MoreCan papers filed untimely in inter partes reexamination be considered later in the proceedings?
Yes, papers that were initially considered untimely and returned or expunged in inter partes reexamination can potentially be considered later in the proceedings. According to MPEP 2625: “If the submission of the returned/expunged papers is appropriate later in the proceedings, they may be filed, and accepted by the Office, at that time.” This provision allows…
Read MoreWhat is the significance of unsuccessful attempts to prepare a compound in prior art?
Unsuccessful attempts to prepare a compound disclosed in prior art can be significant in demonstrating that the prior art lacks an enabling disclosure. According to MPEP 2121.02: “When a prior art reference merely discloses the structure of the claimed compound, evidence showing that attempts to prepare that compound were unsuccessful before the relevant time will…
Read MoreHow are unsigned papers handled in inter partes reexamination?
Unsigned papers in inter partes reexamination are generally denied consideration but retained in the file. According to MPEP 2667: “Papers filed by the patent owner which are unsigned, or signed by fewer than all of the patent owners where no attorney or agent is of record or acting in representative capacity, will be denied consideration,…
Read MoreWhat is the status of unpublished U.S. applications as prior art under pre-AIA 35 U.S.C. 102(e)?
Unpublished U.S. applications can serve as prior art under pre-AIA 35 U.S.C. 102(e) in certain circumstances. According to the MPEP, If an earlier filed, copending, and unpublished U.S. patent application discloses subject matter which would anticipate the claims in a later filed pending U.S. application which has a different inventive entity, the examiner should determine…
Read MoreWhat happens if all required fees are not paid when filing a supplemental examination request?
If all required fees for supplemental examination are not paid at the time of filing the request, the following consequences will occur: The request will be considered defective A filing date will not be granted The processing of the request will be terminated A refund of any fees paid will be made to the patent…
Read MoreWhat happens if excess claims fees are not paid in an inter partes reexamination?
If excess claims fees are not paid when required in an inter partes reexamination, the USPTO will issue a notice of fee deficiency. According to MPEP 2666.04: “If the excess claims fees required by 37 CFR 1.20(c)(3) and (c)(4) are not paid with the presentation of the excess claims, a notice of fee deficiency will…
Read MoreHow does WIPO Standard ST.26 define “unknown” or “other” nucleotides and amino acids?
MPEP 2412.03(a) refers to WIPO Standard ST.26, which defines “unknown” or “other” nucleotides and amino acids using specific symbols: For nucleotides, the symbol “n” represents “unknown” or “other” For amino acids, the symbol “X” represents “unknown” or “other” The MPEP provides tables for both nucleotide and amino acid symbols, stating: n a or c or…
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