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Suggestions for Improving USPTO Re Examinations PDF Form
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People also ask
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What is the purpose of restriction requirement?
If a patent examiner thinks that the pending claims in a patent application are directed to more than one invention, the examiner may issue a Restriction Requirement asking the applicant to pick a certain group of claims to prosecute in the pending application. -
How many months to respond to restriction requirement?
In general, in an application when only a nonfinal written requirement to restrict is made, no action on the merits is given. A 2-month shortened statutory period will be set for reply when a written restriction requirement is made without an action on the merits. -
What is the response period for Uspto restriction requirement?
A 2-month shortened statutory period will be set for reply when a written restriction requirement is made without an action on the merits. This period may be extended under the provisions of 37 CFR 1.136(a). 810-Action on the Merits - USPTO uspto.gov https://.uspto.gov › web › offices › pac › mpep uspto.gov https://.uspto.gov › web › offices › pac › mpep -
What is an example of a restriction requirement?
Examples include: Two different combinations, not disclosed as capable of use together, having different modes of operation, different functions, and different effects: An article of apparel and a locomotive; a process of painting a house and a process of boring a well. -
Can you appeal a restriction requirement?
After a final requirement for restriction, the applicant, in addition to making any reply due on the remainder of the action, may petition the Director to review the requirement. -
How do you respond to restriction requirements?
In the reply to the restriction requirement, applicant must elect one invention for examination. If applicant wishes to traverse the restriction requirement, the reply must also include a traversal with specific reasons why applicant believes the restriction requirement is in error. 818-Election and Reply - USPTO uspto.gov https://.uspto.gov › web › offices › pac › mpep uspto.gov https://.uspto.gov › web › offices › pac › mpep -
Can you amend claims in response to a restriction requirement?
For any amendment being filed in response to a restriction or election of species requirement and any subsequent amendment, any claims which are non-elected must have the status identifier (withdrawn). 714-Amendments, Applicant's Action - USPTO uspto.gov https://.uspto.gov › web › offices › pac › mpep uspto.gov https://.uspto.gov › web › offices › pac › mpep -
Who can file ex parte reexamination?
(a) Any person may, at any time during the period of enforceability of a patent, file a request for an ex parte reexamination by the Office of any claim of the patent on the basis of prior art patents or printed publications cited under § 1.501, unless prohibited by 35 U.S.C. 315(e)(1) or 35 U.S.C. 2212-Persons Who May File a Request for Ex Parte ... - USPTO uspto.gov https://.uspto.gov › web › offices › pac › mpep uspto.gov https://.uspto.gov › web › offices › pac › mpep
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