When is it necessary to inspect previously patented or abandoned application papers?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Inspecting previously patented or abandoned application papers is necessary in certain situations during patent examination. According to MPEP 711.04(b) : “In examination of an application it is sometimes necessary to inspect the application papers of a previously patented or abandoned application. It is always necessary to do so in the examination of a reissue application.” This inspection is crucial for understanding the prior art, examining related applications, or evaluating the scope of a reissue application. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Application Must Be Explicitly Abandoned MPEP 711 Reply Required Within Time Period Otherwise Abandoned MPEP 711 Reply Required to Save Application from Abandonment MPEP 711 Required Amendments Not Saving Application from Abandonment MPEP 711 New Time Period for Inadvertently Omitted Matter in Reply to Non-Final Office Action MPEP 711 Permitted Declaration Required for Abandonment of Patent Application MPEP 711 Permitted Express Abandonment Must Be Timely Received MPEP 711 Prohibited Written Declaration Must Be Signed by Authorized Party MPEP 711 Required Attorney Can Abandon Prior Patent Application When Filing Continuing Application MPEP 711 Permitted Petition for Express Abandonment Before Publication MPEP 711 Required Other Related FAQs 5 FAQs Collapse How are patent drawings stored and delivered with application files? How are patented and abandoned patent application files stored and accessed? What is the File Ordering System (FOS) and how is it used? What is the process for delivering requested patent files to examiners? What happens if an applicant fails to respond to a request for a property righ...