Can a patent owner submit copies of webpages for supplemental examination?
Yes, patent owners can submit copies of webpages for supplemental examination. The MPEP 2809 explicitly mentions “copies of websites” as an acceptable item of information for supplemental examination. The MPEP states: “An item of information includes any information which the patent owner believes to be relevant to the patent, including … copies of websites.” When…
Read MoreCan I submit maintenance fee payments by facsimile to the USPTO?
Yes, the USPTO accepts maintenance fee payments via facsimile under certain conditions. According to the MPEP: “Payment of a maintenance fee is accepted via facsimile to the fax number stated on the Maintenance Fee Transmittal Form (SB/45), when charged to a deposit account or to a credit card.” To submit a maintenance fee payment by…
Read MoreHow can I submit a “Sequence Listing XML” file to the USPTO?
There are two methods for submitting a “Sequence Listing XML” file to the USPTO: Via the USPTO patent electronic filing system (currently, XML files can only be submitted via Patent Center) On a read-only optical disc, in compliance with 37 CFR 1.52(e) It’s important to note that if the size of the “Sequence Listing XML”…
Read MoreHow should the Sequence Listing XML be submitted in a patent application?
MPEP 2415 states that the Sequence Listing XML should be submitted “as a separate part of the specification.” This means it should be a distinct section within the patent application, separate from other parts of the disclosure. The Sequence Listing XML must conform to the requirements set forth in 37 CFR 1.831(a), which defines the…
Read MoreHow can reproductions be submitted through EFS-Web for international design applications?
Reproductions for international design applications can be submitted through EFS-Web as PDF or JPEG files. The process and requirements are as follows: Reproductions can be submitted as single-page PDF or JPEG files using the “Attach Reproductions” section of the “Attach Documents” screen. Alternatively, PDFs (including multi-page PDFs) can be attached using the “Attach Documents other…
Read MoreHow should proprietary or trade secret information be submitted in patent term extension applications?
When submitting proprietary or trade secret information for patent term extension applications, applicants should follow specific procedures. MPEP 2760 provides guidance: “Proprietary or trade secret information should be submitted generally in accordance with the procedures set forth in MPEP § 724.02. Identification of the propriety or trade secret material should be made by page, line,…
Read MoreHow should prior art be submitted with a patent protest?
When submitting prior art with a patent protest, follow these guidelines: Include a copy of each prior art document relied upon. Provide an English language translation of any non-English language prior art. Highlight the relevant parts of the prior art documents. According to MPEP 1901.03: “Copies of any prior art or other documents relied upon…
Read MoreWhat are the requirements for submitting copies of prior art in ex parte reexamination?
In ex parte reexamination, there are specific requirements for submitting copies of prior art. According to MPEP 2256: “37 CFR 1.98(a)(2) requires a legible copy of: (1) each foreign patent; (2) each publication or that portion which caused it to be listed, other than U.S. patents and U.S. patent application publications unless required by the…
Read MoreCan new prior art be submitted during the reexamination process under 35 U.S.C. 302?
The submission of new prior art during the reexamination process under 35 U.S.C. 302 is subject to specific rules. According to MPEP 2244: “After reexamination is ordered based on the request, any later submitted patents and/or printed publications must be accompanied by a submission under 37 CFR 1.501(c) and may be utilized in the continuing…
Read MoreWhat is the process for submitting new or amended drawings in a reexamination proceeding?
The process for submitting new or amended drawings in a reexamination proceeding involves several steps: Submit a sketch in permanent ink showing proposed changes/amendments on a separate paper labeled as “Annotated Sheet.” Wait for examiner approval of the proposed changes. Upon approval, submit new sheets of drawings for each drawing sheet that is to be…
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