Patentably Defined » Useful Information

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, howe...

https://patentablydefined.com/2013/01/31/the-nonobviousness-of-simple-inventions/

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 ...

https://patentablydefined.com/2012/10/22/a-strategy-to-speed-up-the-prosecution-of-older-cases/

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 e...

https://patentablydefined.com/2012/08/20/what-to-do-when-an-applicants-entity-status-changes-during-prosecution/

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 ...

https://patentablydefined.com/2011/02/04/a-collection-of-useful-uspto-resources-from-uspto-gov/

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...

https://patentablydefined.com/2010/08/13/change-in-uspto-procedure-examiner-interviews-without-a-power-of-attorney-now-permitted-in-some-circumstances/

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...

https://patentablydefined.com/2010/07/26/extensions-of-time-how-to-petition-for-an-extension-and-examples-of-petitions/

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 elect...

https://patentablydefined.com/2010/06/04/what-to-do-if-you-omit-a-document-or-file-the-wrong-document-in-a-new-electronically-filed-application/

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 app...

https://patentablydefined.com/2010/05/20/the-usptos-25-discount-for-application-size-fee-calculations-and-how-to-qualify-for-it/

The USPTO has announced a new plan to increase the availability of its patent electronic filing system, EFS-Web, by providing a new contingency option when the primary portal to EFS-Web experienc...

https://patentablydefined.com/2010/05/20/the-new-electronic-filing-system-efs-web-contingency-option/

Have you ever had a question about an application in prosecution but have been unable to find the correct person to assist you?  Have you ever been unsuccessful in obtaining assistance from an e...

https://patentablydefined.com/2010/04/07/the-usptos-newest-pilot-program-the-patents-ombudsman/

Introduction “S-signatures” have been accepted by the USPTO for several years now. An S-signature is an electronic signature betwen forward slashes and includes any signature made by non-hand...

https://patentablydefined.com/2010/03/31/a-discussion-about-s-signatures-with-examples/

On January 29, 2010, the USPTO began participating in a new Patent Prosecution Highway (PPH) pilot program with the European and Japanese Patent Offices, in their capacities as PCT International ...

https://patentablydefined.com/2010/03/04/the-uspto-announces-a-new-patent-prosecution-highway-using-the-pct/

Introduction Most actions during prosecution of a patent application in the USPTO are eventually subject to quasi-judicial review by an appeal to the Board of Patent Appeals and Interferences. Th...

https://patentablydefined.com/2009/12/15/the-five-requirements-of-every-petition-in-the-uspto/

This post discusses a less common but nonetheless important point that my earlier post on this subject did not – the mechanics of how to claim priority to a foreign patent document, along with ...

https://patentablydefined.com/2009/12/15/claiming-the-benefit-of-foreign-priority-and-examples-of-how-to-do-it/

This post discusses some of the mechanics involved in securing a right of priority to an earlier filed application, provides some examples of acceptable claims of priority, and ways to correct a ...

https://patentablydefined.com/2009/11/13/claiming-the-benefit-of-priority-examples-of-how-to-do-it-and-how-to-correct-a-failure-to-make-a-claim/

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 Paten...

https://patentablydefined.com/2009/10/16/a-few-more-useful-sections-of-the-manual-of-patent-examining-procedure/

The USPTO has unveiled a series of proposals that would bring significant change to the examiner “count system” – the methodology for determining the time a patent examiner has to complete ...

https://patentablydefined.com/2009/09/30/uspto-joint-labor-management-task-force-proposes-significant-changes-to-examiner-count-system/

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 summ...

https://patentablydefined.com/2009/09/28/patent-abstracts-common-problems-with-them-and-tips-for-drafting-a-better-abstract/

The USPTO has revised its schedule of fees to reflect upward revisions of some PCT fees to foreign patent offices.  The fee increases will go into effect on October 2, 2009.  The revised fee sc...

https://patentablydefined.com/2009/09/02/uspto-fees-to-increase-on-september-15-2009/

Gene Quinn of IPWATCHDOG.COM has a troubling an interesting post about the USPTO from the inside.  For anyone curious as to why the allowance rate has dropped below 50% (it is presently at 42%),...

https://patentablydefined.com/2009/03/19/an-interesting-perspective-of-the-uspto-from-the-inside/