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…
Category: The MPEP
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…
The Analogous Art Requirement and How to Traverse Obviousness Rejections Based on Non-Analogous Art
INTRODUCTION The provisions of 35 U.S.C. § 103 limit patent protection to claimed subject matter that would have been nonobvious to a “person of ordinary skill” in the claimed field of endeavor at the time of filing. This person of ordinary skill is a hypothetical construct – an ordinarily skilled artisan who is presumed to…
Change in USPTO Procedure – Examiner Interviews Without A Power Of Attorney Now Permitted In Some Circumstances
The USPTO recently issued a notice modifying the procedure for registered practitioners to show authorization to conduct an examiner interview. Now, in addition to the submission of an executed power of attorney, the signing and submission of an Applicant Initiated Interview Request Form (Form PTO-413 A) will be treated as a proper indication of authorization…
Extensions Of Time, How To Petition For An Extension, And Examples Of Petitions
When an Office action is issued by the USPTO, the time period for filing a reply begins. If a reply is not filed within the period specified in the Office action, the application is technically abandoned by operation of Rule. An applicant can usually buy an extension of up to five additional months, however, so…