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: Useful Information
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…
A Collection Of Useful USPTO Resources From USPTO.gov
The following is a collection of useful pages from the USPTO’s website at WWW.USPTO.GOV. I have found that some of these pages are difficult to locate when navigating the site so I thought I would assemble a convenient list. Most of these links are also available in the sidebar under “USPTO Resources”. The USPTO’s Sample…
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…