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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...".
Please see MPEP 2106.03, I. (Jan. 2018), at 18, right column. The second non-bulleted paragraph (“paragraph A”) begins: “Even when a product has a physical or tangible form, it may not fall within a statutory category” (at 2100-19). Since paragraph A solely relates to Nuijten,* I suggest revising paragraph A to expressly relate to signals, and to clarify the meaning of “tangible.” For example, I propose revising paragraph ...more »
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 »
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 »
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 »
Thanks very much for the 01-2018 publication! I am looking forward to enjoying the changes as I work with it. Would you be willing to provide a PDX index file to the downloadable PDF version, or point me to where it is? I can't find it on the MPEP page or in e9r-08-2017.zip. The 11-2015 publication included the "E9R-07.2015.pdx" index file, and I have made good use of that over the last two years. (The 11-2015 publication ...more »
Most Alice rejections I have received recently cite caselaw by name, but do not tell you how to find the decisions themselves. It occurred to me today that this may effectively prevent a pro se applicant from responding to such a rejection. I propose amending 706.03(a), form paragraph 7.05.015, to refer to the USPTO's web site for information not found in the Action. For example: (>>insertions<< marked) --- the claimed ...more »
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 »
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 »
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!
Subject: MPEP 707.07(f), form paragraph 7.38 (p. 700-160, Nov. 2015) The current language says "Applicant’s arguments ... are moot because [they] do not apply to any of the references being used in the current rejection." However, I regularly see this paragraph in second 103 rejections when some references have been carried forward. Would you please update the language to match how it is used, or add a separate form ...more »
The headers at the top of each page of the MPEP PDF give the section number. As far as I can tell, it's the last section number on that page. For example, p. 2100-141 (Nov. 2015) ends with half a sentence of 2142, so the header reads "2142." However, the vast majority of text on that page is 2141.03. Would it be possible to clarify which text is part of which section in some way? At present, I regularly wind up reading ...more »