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…
Category: The MPEP
Exercise Extra Care With NonPublication Requests
In a post back in June, I discussed how many filing errors/omissions in new, electronically filed applications may be corrected by a follow up submission on the same day. Not every omission may be corrected this way, however. Since my June post on the correction of filings, I have received several emails inquiring about the…
A Few More Useful Sections Of The Manual Of Patent Examining Procedure
In my earlier post in this series, I discussed a few sections of the MPEP that I have found to be useful in some specific circumstances. This post discusses a few more. Some Help For When Patentability Arguments Are Ignored We have all received Office actions in which the Office seems to have ignored patentability…
Patent Abstracts, Common Problems With Them, And Tips For Drafting A Better Abstract
Introduction USPTO rules require that every non-provisional patent application include an Abstract. This Abstract is a concise summary of the invention disclosed in the application. This summary enables the Office (and the public) to quickly determine the nature of the disclosed subject matter. Although only a summary, it is prudent to draft an Abstract with…
A Few Useful Sections Of The Manual Of Patent Examining Procedure
As regular readers of this blog know, I advocate using the USPTO’s Manual of Patent Examining Procedure (MPEP) as primary authority during prosecution. I discussed my reasons for doing so in this earlier post. Basically, it is the USPTO’s official manual, so its instructions to Examiners are beyond dispute. From time to time, when responding…