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 11 
 on: 09-22-17 at 08:10 pm 
Started by VegasMike - Last post by CHARLIElarap
That article was encouraging ... thanks for that.  The patent in question in that case would seem to be a pretty obvious solution even for somebody outside the auto industry.

 12 
 on: 09-22-17 at 04:28 pm 
Started by tati - Last post by lazyexaminer
I debated whether to mention that, decided my post was long enough...but yeah it can be helpful.

In the case you mention (first response to final filed within 2 months, no advisory action, applicant needs to file something at 6 month date) I would definitely argue that no extension is due. The typical form paragraph reads:

Quote from: FP 7.39
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a)  will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.


MPEP 706.07(f) also says "if the first reply is filed within 2 months of the date of the final Office action, the shortened statutory period will expire at 3 months from the date of the final rejection or on the date the advisory action is mailed, whichever is later. . . In no event can the statutory period for reply expire later than 6 months from the mailing date of the final rejection."

So: SSP ends the later of 3 months or advisory action mailing, but no later than 6 months. If advisory is never mailed, then the later instance is never reached so the SSP ends at 6 months. No extension fee needed. This is not official guidance and the Office may interpret this differently, I actually don't recall seeing this...

 13 
 on: 09-22-17 at 03:59 pm 
Started by tati - Last post by mersenne
One thing not mentioned is pretty subtle, but I think it's still true:

After final, if you file some sort of response (amendment and/or argument) within 2 months, then you can expect to receive an Advisory Action, and you aren't charged extension-of-time fees until the AA is mailed.  So, for example, say you file an After Final response at 2 months.  The examiner takes 2 months to send the AA.  Now you're 4 months past the final office action, so you'd normally have to pay for an extension month.  However, in this situation, you can file your next paper the same day as the AA, without paying the extension fee.

If the AA doesn't arrive before the 6-month date, though, you're out of luck and have to do something to keep the case alive.

Hmmm, I wonder: if you file AF at 2 months, but the Examiner doesn't send an AA, do you have to pay 3 months' extension when you file whatever at 6 months?

 14 
 on: 09-22-17 at 09:21 am 
Started by tati - Last post by lazyexaminer
In the Final the examiner will set a 3 month time period for reply. At the same time there is a 6 month deadline set by law.

You need to file a response within that 3 months to stop the clock. A response for this purpose is:

1. An RCE, request for continued examination. This can include an amendment. It essentially starts over the case, the examiner will then be on the clock to send you a new office action, generally a non-final with some exceptions.

2. A notice of appeal. Says you plan to appeal. This tolls the above clock and starts the appeal brief clock--you now have two months to file an appeal brief.

3. A response that makes the case allowable. This may be amendment or argument. Amendments at this point are not entered as a matter of right.

1 and 2 clearly stop the clock. 3, you won’t know until the examiner agrees. If the examiner agrees you will simply get a notice of allowance. If the examiner disagrees you will get an advisory action, hopefully telling you why she disagrees. You may still have a simple fix, or you may be hopelessly at odds.

At that point, if #3 did not work, or if you were simply late and now you are past 3 months but before 6 months, you can still file one of 1-3 but you will need an extension of time. You pay a fee, but the case is still alive and you file one of 1-3 to keep the case alive.

You can extend until 6 months from the Final, then the case is abandoned by law if you didn’t file one of 1-3. If you file what you think is 3, but the examiner disagrees and doesn’t get back to you until after 6 months, you are out of luck.

So, to answer the specific question, you can definitely appeal within the first 3 months, and you can appeal within months 3-6 if you pay an extension of time fee.

You mention revival…when an application is abandoned, past the time for filing extensions, it is possible to revive it. You shouldn’t rely on this, it is relatively expensive and not guaranteed, requirements are beyond the scope of this post.

A continuation (or divisional) requires the new case is copending with the old case. During the first 3 months after a Final the old case is still alive and a continuation can be filed. If one of 1-3 were not filed the old case is technically dead at 3 months…if you are still under 6 months you can file an extension of time with no other response, simply to keep it alive to file the child. Once past 6 months the old app is definitely dead and no child can be filed, unless the old case is revived.

This generally covers everything I think, some nuance is left out.

 15 
 on: 09-22-17 at 05:53 am 
Started by vman11 - Last post by Elaizasop
Children need the "ethos" that a religious school provides.

 16 
 on: 09-22-17 at 05:03 am 
Started by tati - Last post by tati
I understand there is some relevant information in the internet available, however I would like more specific information, if possible.

What happens after a final rejection? I know the applicant may appeal this, but for how long does he actually have the option after that? Is it the time frame the examiner states in his final rejection, or if this time fram lapses, there is still an option for reviving the applicant's rights?

In addition, may the applicant file a child application (divisional) AFTER the final rejection? If yes, again, how long does this option exist after the final rejection communication from the USPTO?

 17 
 on: 09-21-17 at 08:25 pm 
Started by JTripodo - Last post by fewyearsin
Is semiconductor processing in Electrical Engineering? Thx.
Yes.  TC 2800 (generally the EE tech center) has four parts: (1) Electrical Circuits and Systems; (2) Printing/Measuring and Testing; (3) Semiconductors/Memory; and (4) Optics.

 18 
 on: 09-21-17 at 06:39 pm 
Started by JTripodo - Last post by bkk1057
Is semiconductor processing in Electrical Engineering? Thx.

 19 
 on: 09-21-17 at 02:56 pm 
Started by Julien - Last post by MYK
What makes you think the design doesn't infringe if it's inside a case?  Of course it still infringes.

 20 
 on: 09-21-17 at 02:52 pm 
Started by DavidAQT - Last post by MYK
I want to start talking to these suppliers (some US-based, some based in Asia), but am deathly afraid of my invention being copied and not having the financial resources to afford patent litigation.
Just to point out the obvious, if you are based in the U.S. and your supplier is based, say, in China, and your only patent is in the U.S., then good luck enforcing an English-language NDA against a supplier in China when the supplier takes your design and starts producing three shifts of product for sale everywhere else in the world.  Your U.S. patent rights don't cover manufacture in China and sale in Europe, and (if I recall correctly what's been written on Dan Harris's chinalawblog.com) China won't enforce a foreign judgment against a Chinese corporation when the contract was written in English.  I could be mistaken about that;  it's been a while since I spent much time reading there.  Even if I am, though, international litigation is ridiculously expensive.

At a minimum, you will want to file applications, and hopefully get patents, in all countries in which your core suppliers are located.  You'll want to look into whether arbitration awards or foreign judgments are enforceable in their countries, and if so under what circumstances.  In some countries you need specific language stating that those who have signed have the authority to bind their companies, and you need to ensure that they hold positions that are legally allowed to do so -- director level, C-level, or equivalent.

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