37 CFR 1.135 - Abandonment for failure to reply within time period
| Cite as | 37 CFR 1.135 |
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27 practice notes
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Patent cases: Patent business goals; implementation,
...present. Supplemental Replies: Under current practice, an applicant must file a timely reply to avoid abandonment under 35 U.S.C. 133 and 37 CFR 1.135, but may then file one or more supplemental replies (which may include additional arguments, amendments, evidence, or other material) up unt......
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Sears v. Gottschalk, No. 73-1699
...1 The right to judicial review of the denial of a patent is found in 35 U.S.C. 141 and 145. 2 37 C.F.R. 1.138, 1.139. 3 35 U.S.C. 133; 37 C.F.R. 1.135. Patent applications abandoned by default may be revived, however, by a verified statement satisfying the Commissioner of Patents that 'the ......
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Norton v. United States, No. 14-633C
...Office, Trademark Basics: Abandoned Applications, http://www.uspto.gov/trademarks/basics/abandon.jsp (last visited Mar. 9, 2015). See 37 C.F.R. 1.135 (1997) - Abandonment for failure to reply within time period. 3. The United States Copyright Office's records reflect that Mr Norton obtained......
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Patent Prosecution
...In a situation in which the abandonment of the application was “unintentional,” an applicant can attempt to correct the abandon-49. 37 C.F.R. §1.135. 50. 37 C.F.R. Patent Prosecution ment. An example of an unintentional abandonment could involve a situation where a practitioner was not able......
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24 cases
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Sears v. Gottschalk, No. 73-1699
...1 The right to judicial review of the denial of a patent is found in 35 U.S.C. 141 and 145. 2 37 C.F.R. 1.138, 1.139. 3 35 U.S.C. 133; 37 C.F.R. 1.135. Patent applications abandoned by default may be revived, however, by a verified statement satisfying the Commissioner of Patents that 'the ......
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Norton v. United States, No. 14-633C
...Office, Trademark Basics: Abandoned Applications, http://www.uspto.gov/trademarks/basics/abandon.jsp (last visited Mar. 9, 2015). See 37 C.F.R. 1.135 (1997) - Abandonment for failure to reply within time period. 3. The United States Copyright Office's records reflect that Mr Norton obtained......
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Exelixis, Inc. v. Kappos, Case No. 1:12cv96.
...Once a final rejection has issued, the applicant generally has up to six months to file an RCE before the application is abandoned. See37 C.F.R. § 1.135. An RCE, which may consist of (but is not limited to) “an information disclosure statement, an amendment to the written description, claim......
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Enzo Therapeutics v. Yeda Research and Dev. Co., Civil Action No. 2:06cv377.
...in such action, the application shall be regarded as abandoned by the parties thereto.... 35 U.S.C. § 133 (emphasis added); see also 37 C.F.R. § 1.135 (2006) ("If an applicant of a patent application fails to reply within the time period provided under § 1.134 and § 1.136, the application w......
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1 books & journal articles
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Patent Prosecution
...In a situation in which the abandonment of the application was “unintentional,” an applicant can attempt to correct the abandon-49. 37 C.F.R. §1.135. 50. 37 C.F.R. Patent Prosecution ment. An example of an unintentional abandonment could involve a situation where a practitioner was not able......