Question: When should relevant documentation submitted to a regulatory review body be submitted for the Office for review? Answer: Where relevant documentation is submitted to a regulatory review body, such as the U.S. Food & Drug Administration (FDA), and is material to any pending patent application or reexamination proceeding, such documentation should be submitted for […]

The post MPEP Q & A 336: Circumstances when relevant documentation should be submitted to regulatory review body. appeared first on Patent Education Series.

Question: Under what circumstances will the international and search fees be refunded? Answer: The international and search fees will be refunded if no international filing date is accorded or if the application is withdrawn before transmittal of the record copy to the International Bureau. The search fee will be refunded if the application is withdrawn […]

The post MPEP Q & A 335: Under what circumstances will international and search fees be refunded? appeared first on Patent Education Series.

Question: Which two types of assignee(s) may conduct either the prosecution of a national application for patent or a reexamination proceeding? Answer: The assignee(s) who may conduct either the prosecution of a national application for patent or a reexamination proceeding are: (1) A single assignee. An assignee of the entire right, title and interest in the […]

The post MPEP Q & A 334: Assignee(s) who may conduct prosecution or reexamination. appeared first on Patent Education Series.

Question: If additional defects or errors are corrected in the reissue after the filing of the reissue oath or declaration, is a supplemental reissue oath or declaration required? Answer: For applications filed on or after September 16, 2012, if additional defects or errors are corrected in the reissue after the filing of the reissue oath […]

The post MPEP Q & A 333: When a supplemental reissue oath or declaration is required. appeared first on Patent Education Series.

Question: Is a provisional application that is relied upon for priority in a U.S. patent and is abandoned available through the Patent Center? Answer: Yes, a provisional application that is relied upon for priority in a U.S. patent and is abandoned may be available through the Patent Center. Generally though, provisional applications are not published and […]

The post MPEP Q & A 332: Availability of provisional application relied on for priority and abandoned. appeared first on Patent Education Series.

Question: Does the new ground of rejection raised by the Board in an appeal reopen prosecution? Answer: The new ground of rejection raised by the Board does not reopen prosecution except as to that subject matter to which the new rejection was applied. If the Board’s decision in which the rejection was made includes an affirmance […]

The post MPEP Q & A 331: Does new ground of rejection raised by the Board in an appeal reopen prosecution? appeared first on Patent Education Series.

Question: Name two items the Technology Center will verify when a Request for Continuing Examination is initially processed. Answer: An RCE will be initially processed by the Technology Center (TC) assigned the application. Technical support personnel in the TC will verify that: (A) the application is a utility or plant application (i.e., not a design […]

The post MPEP Q & A 330: Items the Technology Center will verify when a Request for Continuing Examination is initially processed. appeared first on Patent Education Series.

Question: What non-exhaustive factors may be considered to determine whether to accept a petition after the 2-month period? Answer: The following non-exhaustive factors may be considered to determine whether to accept a petition after the 2-month period: (1) Petitioner engaged in significant, constructive efforts with the examiner to resolve the issue outside of the petitions […]

The post MPEP Q & A 329: Non-exhaustive factors to determine whether to accept a petition after the 2-month period. appeared first on Patent Education Series.

Question: What are the reasons for insisting upon a restriction? Answer: Every requirement to restrict has two aspects: (A) the reasons (as distinguished from the mere statement of conclusion) why each inventionas claimed is either independent or distinct from the other(s); and (B) the reasons why there would be a serious search and/or examination burden on the […]

The post MPEP Q & A 328: Reasons for insisting upon a restriction? appeared first on Patent Education Series.

Question: What information should also be submitted for each patent on which a maintenance fee or surcharge is paid? Answer: The following information should also be submitted for each patent on which a maintenance fee or surcharge is paid: (A) the fee year (i.e., 3 1/2, 7 1/2, or 11 1/2 year fee); (B) the […]

The post MPEP Q & A 327: Information submitted for each patent on which a maintenance fee or surcharge is paid. appeared first on Patent Education Series.