On January 29, the PTO issued a notice revising its procedure for handling applications having omitted items.
Under the old procedures, the Office of Initial Patent Examination (OIPE) would issue a Notice of Omitted Items to inform the applicant if certain items, such as pages of the specification or drawings, were omitted in the non-provisional application as filed. Applicant was given three options: (1) a petition under 37 CFR 1.53(e) to establish that the omitted item was in fact filed, along with evidence of the filing, such as a postcard receipt; (2) a petition for a later filing date with the filing of the omitted item and a supplemental declaration; and (3) acceptance of the application as filed and the filing of a required amendment to the application.
Previously, if the applicant chose option (3), no reply to the Notice was required, and there was no deadline for the filing of the amendment.
Under the new procedures, options (1) and (2) remain unchanged, but to pursue option (3), the applicant must file a reply to the notice. Thus, the Notice of Omitted Items is now treated as a notice or action by the Office and if applicant fails to reply to such notice within three months of the mailing date of the notice, the application is subject to a reduction of patent term adjustment. Also, applicant must reply within the time period set in the notice (including any extensions under 37 CFR 1.136) to avoid abandonment of the application.
Posted By:
Wenderoth Lind and Ponack, L.L.P in Category:
Patents
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