As regular readers of this blog know, I advocate using the USPTO’s Manual of Patent Examining Procedure (MPEP) as primary authority during prosecution. This is by no means a per se rule, however. There are times when I find judicial authority more effective. One situation where judicial decisions have been particularly helpful has been when…
Category: Practice Suggestions
A Strategy To Speed Up The Prosecution Of Older Cases
The USPTO’s Manual of Patent Examining Procedure (MPEP) includes many interesting but somewhat obscure provisions. One of the more useful examples of these provisions is § 707.02. Section 707.02 of the MPEP essentially imparts “special” status to older cases and cases in which a third Office action has been issued. Special status gives an application…
What To Do When An Applicant’s Entity Status Changes During Prosecution
INTRODUCTION Applicants who qualify as small entities as defined by 37 CFR 1.27(a) enjoy a 50% reduction in most government fees. And, in most cases, a small entity applicant remains a small entity throughout the prosecution of an application. This is not always the case, however. Through growth, acquisition, or sale, it is not uncommon for…
How To File Color Drawings Electronically Via EFS-Web
Generally, when drawings for utility patent applications are required, they must be black and white line drawings. Color drawings are permitted when they are the only practical medium to disclose a claimed invention and even then an applicant must petition the USPTO to accept them. This petition, along with the color drawings, is typically filed…
What To Do If You Omit A Document Or File The Wrong Document In A New, Electronically Filed Application
Many filing errors (e.g., the failure to file all of a document, the failure to pay a fee, or the unintended filing of an unrelated document) are correctable without penalty by a corrective electronic submission, if it is filed the very same day. This post discusses a few of the filing errors correctable in this…