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…
Welcome To The New And Improved PatentablyDefined!
For those of you who have followed this blog over the years, welcome to version 3.0! This site has been quiet for the past several weeks while it underwent an overhaul, which included both a new, custom theme and a WordPress upgrade. I also used this time to take a break from posting and regain…
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…
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…
The USPTO’s 25% Discount For Application Size Fee Calculations And How To Qualify For It
There are many advantages to filing applications via the USPTO’s electronic filing system (EFS-Web). One practical advantage is that the USPTO measures the size of an electronically filed application differently than if it were filed by paper. An application filed under 35 U.S.C. 111 (this includes provisional, nonprovisional and design applications, and reissue applications) that…