What is the difference between minor and serious deficiencies in a patent owner’s response?
The MPEP 2666.30 distinguishes between minor and serious deficiencies in a patent owner’s response:
1. Minor deficiencies: These are less significant omissions that don’t severely impact the examination process. For example, “fails to treat every rejection, objection, or requirement.” In such cases, the examiner may “simply act on the amendment and issue a new Office action.”
2. Serious deficiencies: These are more significant omissions that need to be addressed before proceeding with examination. The MPEP describes it as a case where “the patent owner submission does not appear to have been filed in response to the Office action.”
The distinction is important because it determines how the examiner will proceed. Minor deficiencies may be waived, while serious deficiencies require notification to the patent owner and a new time period for response.
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