When are proceedings considered terminated in a patent application?
According to MPEP 711.02(c), proceedings in a patent application can be terminated in several situations:
- Failure to pay the issue fee:
When the issue fee is not paid and the application is abandoned for failure to pay the issue fee, proceedings are terminated as of the date the issue fee was due and the application is the same as if it were abandoned after midnight on that date.
- Loss of interference:
If an application is in interference wherein all the claims present in the application correspond to the counts and the application loses the interference as to all the claims, then proceedings on that application are terminated as of the date appeal or review by civil action was due if no appeal or civil action was filed.
- Decision by the Patent Trial and Appeal Board: As explained in MPEP § 1214.06.
- Court decision: As explained in MPEP § 1216.01.
Understanding these scenarios is crucial for patent applicants and attorneys to manage application timelines and priorities effectively.
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