37 CFR 1.103 - Suspension of action by the Office
| Cite as | 37 CFR 1.103 |
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23 practice notes
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Patent cases: Patent business goals; implementation,
...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 PTO's The PTO is considering providing a procedure under which......
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Part II
...expanding the deferral of examination provisions to allow a longer deferral of examination period. The Office currently has a provision (37 CFR 1.103(d)) under which an applicant may request deferral of examination for up to three years from the earliest filing date for which a benefit is c......
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Separate Parts In This Issue
Part II
Commerce Department, Patent and Trademark Office,
...expanding the deferral of examination provisions to allow a longer deferral of examination period. The Office currently has a provision (37 CFR 1.103(d)) under which an applicant may request deferral of examination for up to three years from the earliest filing date for which a benefit is c......
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In re Bogese, No. 01-1354.
...action. The potential for serious mischief is apparent from the many avenues whereby an applicant may extend prosecution; see, e.g., 37 CFR § 1.103 (request for suspension of prosecution); 37 CFR § 1.136 (request for extension of time to respond). An applicant's recourse to authorized actio......
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7 cases
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In re Bogese, No. 01-1354.
...action. The potential for serious mischief is apparent from the many avenues whereby an applicant may extend prosecution; see, e.g., 37 CFR § 1.103 (request for suspension of prosecution); 37 CFR § 1.136 (request for extension of time to respond). An applicant's recourse to authorized actio......
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Hyatt v. U.S. Patent & Trademark Office, Case No. 1:14–cv–1300.
...Dictionary 290 (1984) (same).33 In fact, these actions are all expressly contemplated by the PTO's rules and regulations. See 37 C.F.R. § 1.103(e) (suspension on initiative of the PTO); 37 C.F.R. § 41.39(a)(2) (new grounds for rejection in an examiner's answer); MPEP (9th ed. Rev. 7.2015, N......
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Ex parte Wyeth, APPEAL 2009-008674
...application number 11/526, 900 (hereinafter "the 900 application"). Prosecution in the 900 application has been suspended pursuant to 37 C.F.R. § 1.103(e) until conclusion of this reexamination proceeding (Reply Br.[5] 2). The subject matter on appeal is directed to a multi-composition stic......
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Eiselstein v. Frank, No. 94-1374
...January 6, 1995, Eiselstein filed a reissue application and petition for suspension of action in the Patent and Trademark Office under 37 C.F.R. Sec. 1.103. 3 Section 120 Sec. 120 Benefit of earlier filing date in the United States An application for patent for an invention disclosed in the......
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4 firm's commentaries
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Amendments Through Reissue or Reexamination During a Pending AIA Proceeding
...(the offices under the Commissioner) also may decide to suspend a parallel reissue proceeding sua sponte or by request by petition. 37 C.F.R. § 1.103. The same factors the Board evaluates in deciding to stay an Office proceeding will be considered (factors noted below). However, the paralle......
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PTAB denies Petitioner’s motion to suspend prosecution of co-pending applications
...to suspend prosecution of co-pending applications that were continuations of the challenged patent under 37 C.F.R. § 42.3(a) and 37 C.F.R. § 1.103(e). 37 C.F.R. § 42.3(a) states that “The Board may exercise exclusive jurisdiction within the Office over every involved application and patent ......
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Four Reasons To File An RCE With A Request To Suspend Processing
...for Continued Examination (RCE) to be filed with a request to suspend processing of the RCE for up to 3 months, in accordance with 37 CFR 1.103(c). The suspension request is submitted merely by checking a box on the USPTO's standard RCE form, indicating a desired delay of 1, 2, or 3 months,......
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Patent Prosecution Tool Kit: Patent Term Extension
...time (usually one month) for the patent owner to elect the product for which extension is desired PTO has permitted an applicant under 37 C.F.R. § 1.103 to suspend action on a PTE application for up to 6 months upon showing good and sufficient Useful when: An applicant wants the PTE extensi......
4 forms
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Request for Deferral of Examination 37 CFR 1.103(d)-SB/37
...required to respond to a collection of information unless it displays a valid OMB control number. Request for Deferral of Examination 37 CFR 1.103(d) Application Art Unit Filing Date Examiner Name First Named Inventor Attorney Docket Number Address to: Commissioner for Patents P.O. Box 1450......
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For Design Applications Only: Continued Prosecution Application (CPA) Request Transmittal-SB/29
...Payment made via USPTO's patent electronic filing system (Patent Center or EFS-Web). 11. Applicant requests suspension of action under 37 CFR 1.103(b) for a period of ____________months (not to exceed 3 months) and the fee under 37 CFR 1.17(i) is New Attorney Docket Number, if desired _____......
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Request for Continued Examination (RCE) Transmittal-SB/30
...iv. Other ______________________________ Miscellaneous Suspension of action on the above-identified application is requested under 37 CFR 1.103(c) for a period of ________ months. (Period of suspension shall not exceed 3 months; Fee under 37 CFR 1.17(i) Other _______________________________......
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For Design Applications Only: Continued Prosecution Application (CPA) Request Transmittal-SB/29
...Payment made via USPTO's patent electronic filing system (Patent Center or EFS-Web). 11. Applicant requests suspension of action under 37 CFR 1.103(b) for a period of ____________months (not to exceed 3 months) and the fee under 37 CFR 1.17(i) is New Attorney Docket Number, if desired _____......