Type and Status of Applications (MPEP 200)

December 2, 2007

Applications  can be filed as a National Application (Utility, Plant, Design, or Provisional Application) or as a national Stage Application (an International Application that has entered the national stage in the US).  Provisional Applications Provisional Applications are a special type of application that that is used to establish a filing date. Provisional applications only require a […]

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Appeal (MPEP 1200)

December 1, 2007

Overview Appeal matters dealing with substantive issues (rejections); actions on the merits that are made to the Board of Patent Appeals & Interferences. Petition matters dealing with objections to formal/procedural matters made to the Commissioner. Who and When – Patentee can appeal when claims have been twice or finally (ex parte) rejected. Patentee can appeal […]

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Restriction and Double Patenting (MPEP 800)

November 30, 2007

Restriction Restriction is the practice of requiring an election between distinct inventions. (Only one invention is allowed per patent.) Election of species – The inventor must elect between two or more patentably distinct forms of a generic invention claimed in same application. (Again, only one invention is allowed per patent.) For the election of species […]

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Miscellaneous (MPEP 1700)

November 29, 2007

1700 What the Examiner is not allowed to do: Unless the examiner is in the process of actually examining an application (or taking part in an interference or other proceeding on a patent), he should not make any statement on the validity or patentability of claims in a granted patent, or in an app he […]

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Protests (MPEP 1900)

November 29, 2007

Protests are made by member of public who thinks granting patent would be improper. Protests may be filed against a pending application or reissue and must specifically 1) identify application # or serial #, 2) contain a listing a evidence, 3) explain relevance of each evidence, 4) include a copy of each evidence (in English), […]

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Petitions (MPEP 1000)

November 29, 2007

Petitions are generally covered in MPEP Chapter 700. MPEP Chapter 1000 addresses the following points regarding petitions: Petitions must be filed within 2 months in ex parte (regular, reexam, reissue), and it does not stay time to reply to outstanding rejection. MPEP §1002.02 identifies which PTO official has authority. §1.182 – situations not specifically provided […]

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