37 CFR 1.102 - Advancement of examination
| Cite as | 37 CFR 1.102 |
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131 practice notes
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Patent cases: Patent business goals; implementation,
...Procedure (6th ed., rev. 3, July 1997) (MPEP). While the rules of practice do provide for the advancement of applications for examination (37 CFR 1.102) and suspension of action in an application (37 CFR 1.103), the current procedures are not sufficiently tailored to the varied needs of the......
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Legal Framework for Electronic Filing System - Web (EFS-Web)
...for inter partes reexamination under 35 U.S.C. 311 for utility or design patents; 8. Petitions to make special based on age under 37 CFR 1.102(c); and 9. Petitions to accept an unintentionally delayed payment of maintenance fee under 37 CFR 1.378(c), and payments of maintenance fees when su......
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Select Creations, Inc. v. Paliafito America, Inc., No. 91-C-1240.
...the multi-layer structure as recited in lines 5-14 of claim 1." (DX 104, at PTO 65.) 124. In the "Petition to Make Special under 37 C.F.R. § 1.102(d)," transmitted to the PTO by means of interstate facsimile, Nowak warranted to the PTO that he "had made or caused to be made a careful and th......
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Khoja v. Orexigen Therapeutics, Inc., Case No.: 15-CV-540 JLS (JLB)
...ECF No. 62–10 (emphasis in original).) Defendant Orexigen also requested prioritized examination of the '810 Application pursuant to 37 C.F.R. § 1.102(e). (Id. at 9–10.)On September 10, 2014, the FDA approved Contrave for commercial use (CC ¶¶ 14, 55, 126, ECF No. 55), and on November 26, 2......
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48 cases
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Select Creations, Inc. v. Paliafito America, Inc., No. 91-C-1240.
...the multi-layer structure as recited in lines 5-14 of claim 1." (DX 104, at PTO 65.) 124. In the "Petition to Make Special under 37 C.F.R. § 1.102(d)," transmitted to the PTO by means of interstate facsimile, Nowak warranted to the PTO that he "had made or caused to be made a careful and th......
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Khoja v. Orexigen Therapeutics, Inc., Case No.: 15-CV-540 JLS (JLB)
...ECF No. 62–10 (emphasis in original).) Defendant Orexigen also requested prioritized examination of the '810 Application pursuant to 37 C.F.R. § 1.102(e). (Id. at 9–10.)On September 10, 2014, the FDA approved Contrave for commercial use (CC ¶¶ 14, 55, 126, ECF No. 55), and on November 26, 2......
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Dresser Industries, Inc. v. Ford Motor Co., Civ. A. No. CA3-80-1470-G.
...will be resolved with greater dispatch than reissue applications filed in the midst of patent litigation, however, is unclear. Under 37 C.F.R. § 1.102, reissue applications arising out of stayed litigation are to be given "priority" over initial applications and other reissue applications.3......
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Gentile v. Franklin Sports, Inc., No. CIV. 01-10332-NG.
...allowable if rewritten in an independent form. (Id.). Shortly thereafter, in or about September 1995, Gentile filed a petition under 37 C.F.R. § 1.102(d) to have his application advanced out of turn due to the entry into the market of Sun Hockey's Zero Ball which he believed infringed on hi......
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47 firm's commentaries
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MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 8, Issue 3 - Summer 2010
...the USPTO queue.38 Advantageously, this can be done without meeting the requirements for expediting prosecution of applications under 37 C.F.R. § 1.102,39 and without conducting a pre-examination search or providing an accelerated examination support document, as required by the Accelerated......
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MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1
...Control Procedures under Leahy-Smith America Invents Act, 76 Fed. Reg. 59050-55, (Sept. 23, 2011) [hereinafter Track 1]; see also 37 C.F.R. § 1.102(e) (2012). 2 USPTO, Data Visualization Center: Your Window to the USPTO, http://www.uspto. gov/dashboards/patents/main.dashxml (last visited Ja......
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An Examination 'Off-Ramp' For Motions To Amend Still Raises Hopes And Questions
...prosecution, the Office aims to provide a final disposition within 12 months for prioritized examination under 35 U.S.C. § 111(a) and 37 CFR § 1.102(e)(1) ("Track One") which are given special status. See M.P.E.P. § 708.02(b). Thus, the Office has practices and procedures in place for reexa......
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An Examination “Off-Ramp” For Motions To Amend Still Raises Hopes and Questions
...prosecution, the Office aims to provide a final disposition within 12 months for prioritized examination under 35 U.S.C. § 111(a) and 37 CFR § 1.102(e)(1) (“Track One”) which are given special status. See M.P.E.P. § 708.02(b). Thus, the Office has practices and procedures in place for reexa......
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3 books & journal articles
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Patent Prosecution
...Additional reasons for grant of a petition to make special include applications concerning recombinant DNA research, cancer and HIV/ 25. 37 C.F.R. §1.102. Patent AIDS cures and treatments, superconductivity technologies, and technologies for countering terrorism. Finally, even if the techno......
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3D Printing and Why Lawyers Should Care, 0219 KSBJ, 88 J. Kan. Bar Assn 2, 28 (2019)
...January 10, 2018. [74] Id. [75] Id. [76] Id.. [77] 35 U.S.C. § 271(b). [78] See 37 CFR § 1.102(e) and the Manual of Patent Examining Procedures at § [79] See 18 U.S.C. § 1836(b)(1). [80] See K.S.A. §§ 60-3320 through 60-3330 (2011). [81] Technical Considerations for Addi......
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Managing Patent Prosecution
...to ile such a petition (including inventions enhancing environmental quality, developing or conserving energy resources, 79. See 37 C.F.R. § 1.102; MPEP, supra note 41, § JOHN RITTER AND SEAN D. SOLBERG FIGURE 2‑7 MANAGING PATENT PROSECUTION or countering terrorism), but now those applicati......
4 forms
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Certification and Request for COVID-19 Prioritized Examination Pilot Program under 37 CFR 1.102(e)-SB/450
...Prioritized Examination Request PTO/SB/450 (05-20) CERTIFICATION AND REQUEST FOR COVID-19 PRIORITIZED EXAMINATION PILOT PROGRAM UNDER 37 CFR 1.102(e) (Page 1 of First Named Inventor: I Title of Invention: Nonprovisional Application Number (if known): I APPLICANT HEREBY CERTIFIES THE FOLLOWI......
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Certification and Request for Prioritized Examination Under 37 CFR 1.102(e)-AIA/424
...TRACK1.REQ Document Description: TrackOne Request PTO/AIA/424 (04-14) CERTIFICATION AND REQUEST FOR PRIORITIZED EXAMINATION UNDER 37 CFR 1.102(e) (Page 1 of First Named Inventor: Nonprovisional Application Number (if known): Title of Invention: APPLICANT HEREBY CERTIFIES THE FOLLOWING AND R......
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Certification and Petition to Make Special under the Climate Change Mitigation Pilot Program-SB/457
...understands that any required application size fee must be paid for the application. The fee for a petition to make special under 37 CFR 1.102(d) has been waived for this pilot 10. The applicant agrees to the following: (a) the application may not contain, or be amended to contain, more tha......
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Certification and Petition to Make Special under the Cancer Moonshot Expedited Examination Pilot Program-SB/465
...EXPEDITED EXAMINATION PILOT PROGRAM (“PROGRAM”) FOR THE ABOVEIDENTIFIED APPLICATION. (The fee for a petition to make special under 37 CFR 1.102(d) has been waived for this program. For information regarding the requirements, conditions, and guidelines of the program, see the 2022 Federal Re......