Get First, I Take This Opportunity To Commend The USPTO For Seeking To ... - Uspto

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. See 37 CFR 1.111 and MPEP § 818.01.

The applicant can initiate an appeal by filing a notice of appeal and filing fee with the Patent Trial and Appeal Board (PTAB), with which the America Invents Act replaced what was previously the Board of Patent Appeals and Interferences.

The notice of appeal and appropriate fee may be filed up to six months from the date of the Office action (e.g., a final rejection) from which the appeal was taken, so long as an appropriate petition and fee for an extension of time under 37 CFR 1.136(a) is filed either prior to or with the notice of appeal.

Applicant must wait to file any appeal until the examiner considers the reply and the claims are rejected again. Once the Office action is mailed in response to the reply applicant may file another notice of appeal under 37 CFR 41.31.

Any third party may challenge a pending patent application by filing a third party preissuance submission that includes prior art. The goal is to cause the examiner to reject the claims in the utility patent application, or prevent the applicant from obtaining broader claims.

1 The first to file rule also applies to patent applications, awarding the first person to file a patent the right to claim the intellectual property to it. 2 Inventors are encouraged to file for a patent quickly so that copycats do not usurp their new invention or process.

As a mechanism that protects new ideas and investments in innovation and creativity, the USPTO is at the cutting edge of the nation's technological progress and achievement. The United States Patent and Trademark Office (USPTO) is the federal agency for granting U.S. patents and registering trademarks.

(4) Every appeal shall be made within three months from the date of the decision, order or direction, as the case may be, of the Controller or the Central Government or within such further time as the Appellate Board may, in ance with the rules made by it allow.