(@norrisboothe)

200 Types, Cross-Noting, and Status of Application

Correct reference in MPEP 201.07

At the end of the first paragraph of MPEP § 201.07, it says "For more information on claiming the benefit of a prior nonprovisional application, see MPEP § 201.11." There is no MPEP § 201.11 This reference likely should be to MPEP § 211.01(b), which discusses claiming the benefit of a nonprovisional application.

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(@chrisw)

100 Secrecy, Access, National Security, and Foreign Filing

Clarify "expedited" FFL petition in 140, I.

MPEP 140, I. (Jan. 2018), at 100-35--36, is titled "Expedited Foreign Filing License." It references 37 CFR 5.12(b), which relates to a "petition for license." Would the Office please clarify what "Expedited" means here? For most petitions, the Applicant can submit a separate petition under 1.182 to request expedited consideration of the substantive petition. However, as far as I know, there is only one type of petition... more »

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(@chrisw)

400 Representative of Applicant or Owner

402.10: "less" should be "fewer"

Wow - first idea in this chapter!

 

Anyway, 402.10 (Nov. 2015) (p. 400-19, right column), first paragraph, says "Papers revoking ... will not be accepted ... when signed by less than all". I believe that should read "by fewer than all." Similarly, the title should "fewer" instead of "less." Thanks!

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(@chrisw)

500 Receipt and Handling of Mail and Papers

Change 509.03's Roman numerals to subsections

509.03 is titled "Claiming small entity status." However, parts VI--X include information other than "how to claim," and part VII is how to *not* claim ("Removal of Status"). I request that parts I--X be changed to subsections 509.03(a)--509.03(j) so that they will appear in the PDF bookmarks, and so that the information in parts VI--X will be be easier to find. As always, thanks for considering this request!

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(@nubine7)

600 Parts, Form, and Content of Application

Filing non-provisional application automatically corrects errors

The previous rules provided an alternative method for correcting errors in provisional applications. Specifically, in § 201.03 section VI the 8th edition (Rev. 9 2012) the MPEP instructed that filing a non-provisional application with inventor overlap would correct any errors as to inventorship in a provisional application. This language, however, is absent in the present edition even though it is based on the same law... more »

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(@dlightner)

600 Parts, Form, and Content of Application

MPEP 608.02(a) - when are drawings and content thereof required

The MPEP should more clearly spell out when drawings are actually necessary. In process inventions, it seems that drawings should not be required, but the text of MPEP 608.02 seems to be an open invitation to examiners to make unnecessary requirements. Moreover, what exactly does "admits of illustration by a drawing" mean? Is it not possible to articulate the statute in more clear language into the rule? 35 USC 113... more »

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(@chrisw)

600 Parts, Form, and Content of Application

605.01: clarify partial and obligated assignee-Applicant

Fact pattern: A corporation is applying for a patent. A first inventor has signed the Assignment papers assigning that inventor's rights to the corporation. A second inventor is on vacation and cannot sign the Assignment before filing, but is under an obligation to assign to the corporation. MPEP 605.01, and the language in the ADS (PTO/AIA/14 (11-15)), are unclear about whether to list one or two Applicants in this... more »

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(@chrisw)

600 Parts, Form, and Content of Application

608.04(b) could reference 1893.03(e)

608.04(b) (Jan. 2018) says: > Applicants can avoid the need to file a preliminary amendment by incorporating any > desired amendments into the text of the specification, even where the application is > a continuation or divisional application of a prior-filed application. Applicants are > strongly encouraged to avoid submitting any preliminary amendments. However, this "strong[] encourage[ment]" does not apply to national-stage... more »

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(@chrisw)

600 Parts, Form, and Content of Application

Typo in 602.08(a), II

602.08(a), II (Jan. 2018), p. 600-97, left column, first full paragraph:

 

Line 5 is missing an "is" at the end of the line. The text should be amended: "If the inventor lives at a location which >>is<< different from the inventor’s mailing address...".

 

Thanks!

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(@chrisw)

600 Parts, Form, and Content of Application

Promote 602.01(a) and 602.01(b) out from under "Inventorship"

602.01(a) and 602.01(b) (Jan. 2018) are nested under 602.01 Inventorship. However, 01(a) and 01(b) deal with the oath/declaration generally, not just with inventorship issues. I suggest promoting them one level, or moving them out from under 602.01. Perhaps 602.01(a) could become 602.10 and 602.01(b) become 602.11. Alternatively, perhaps a new 601.10 "General requirements and procedures" could be added, with 602.01(a)... more »

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