1700 Miscellaneous

Submitted by (@brianhjcronin)

§103 - problem-and-solution

Should §103 of the MPEP be completed with a lead-in section recommending examiners and applicants to frame their analysis on obviousness using the “problem-and-solution approach”?

See the article in ipWatchdog “Could or should the USPTO adopt the EPO problem-and-solution approach for assessing obviousness”.

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400 Representative of Applicant or Owner

Submitted by (@chrisw)

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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1100 Statutory Invention Registration (SIR); Pre-Grant Publication (PGPub) and Preissuance Submissions

Submitted by (@chrisw)

Nonpub req can't be filed separately on the same date? (1122, I)

Opening a new chapter! Not a situation I have personally encountered, but I just ran across this in 1122, II (p. 1100-11) (Jan. 2018): > A nonpublication request must be filed upon the filing of the > application. This is a statutory requirement and cannot be waived. So far, so good. But then: > The nonpublication request must also be included with the application > papers. The nonpublication request cannot ...more »

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500 Receipt and Handling of Mail and Papers

Submitted by (@chrisw)

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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1300 Allowance and Issue

Submitted by (@chrisw)

1306 could reference 35 USC 21(b) - weekend rule

MPEP 1306 (Issue Fee) opens with "The issue fee ... [is] due 3 months from the date of the Notice of Allowance." However, as far as I know, the weekend rule of 35 USC 21(b) still extends the time period if it would otherwise end on a weekend. Could 1306 be amended to reference this statute, for completeness? 35 USC 151 Issue of Patent.--- (a) ... The notice shall specify a sum ... which shall be paid within 3 months ...more »

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1800 Patent Cooperation Treaty

Submitted by (@chrisw)

1893: Expressly reference amendments outside Chapter II

I think 1893 (Nov. 2015) and its subsections could improve clarity on the national-stage status of amendments other than those made during Chapter II. Currently: - 1893.01(d) mentions that a translation in the national stage should incorporate any Rule 26 corrections or Rule 91 rectifications. - 1893.03(e), I. references the WIPO pamphlet of the application, but does not specify the effect of any republications. ...more »

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1800 Patent Cooperation Treaty

Submitted by (@chrisw)

1893.03(e), I: Clarify language and procedure

In 1893.03(e), I.: The text notes that "If the international application is published in English, the Office will use the description, claims, abstract and drawings as published in the pamphlet for the U.S. national stage application under 35 U.S.C. 371." This statement is perfectly clear. However, I think it would benefit from some expansion. 1. I proposed expressly adding the logical consequence: "Therefore, any ...more »

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100 Secrecy, Access, National Security, and Foreign Filing

Submitted by (@chrisw)

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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200 Types, Cross-Noting, and Status of Application

Submitted by (@norrisboothe)

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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