#office action

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Win-Win Strategies for Responding to an Office Action

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𝐓𝐲𝐩𝐞𝐬 𝐨𝐟 𝐎𝐟𝐟𝐢𝐜𝐞 𝐀𝐜𝐭𝐢𝐨𝐧

There are two fundamental types of Patent Office Actions: Non-Final Office Actions and Final Office Actions. Upon receiving a Non-Final Patent Office Action, you have the opportunity to amend the claims and make other necessary changes (without introducing new material) in an effort to bring the claims and the entire patent application into a condition for allowance. However, if the Patent Examiner deems that the amendments and arguments provided in response to the Non-Final Office Action are inadequate or unpersuasive, a Final Office Action will likely be prepared and issued. A Final Patent Office Action is issued when the response:

• 🚀 to the Non-Final Office Action fails to address all issues raised, or

• 🚀 introduces new issues that impede the allowance of the claims.

Patent Examiners are obligated to review the claim amendments in response to a Non-Final Office Action, but they may not be obligated to evaluate amendments or new arguments in response to a Final Office Action, except under limited circumstances. Amendments after a Final Office Action are allowed for limited purposes as per 37 C.F.R. 1.116(b), including:

• 📍Canceling claims

• 📍Complying with previously outlined form requirements

• 📍Presenting rejected claims in a better form for appeal consideration, or

• 📍Providing good and sufficient reasons for necessary amendments not presented earlier.

It should be noted that if you respond to a Non-Final Office Action by amending the claims, and the Patent Examiner needs to locate new prior art or provide new reasoning for the rejection, the Examiner may still issue a Final Office Action, except under a limited number of circumstances. These exceptions most often arise when the Patent Examiner introduces a new ground of rejection that is not necessitated by an Applicant’s amendment of the claims. Check our Office Action Service: https://bit.ly/3JhTY9J

[humanengineers]

3 Things You Need To Know About Trademark Office Actions

3 Things You Need To Know About Trademark Office Actions

By | Rebecca Siggers | Content Blogger

If you are trying to apply for a trademark or a patent for your new business or invention, we tell you about the three most important things that you should know about trademark office actions. However, before that, let us understand the meaning of office actions.

What Are Office Actions?

‘Office actions’ are the official letters that USPTO sends to the…

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8000 patent applications examined till date, 2667 patents granted

New Post has been published on https://www.bananaip.com/ip-news-center/8000-patent-applications-examined-till-date-2667-patents-granted/

8000 patent applications examined till date, 2667 patents granted

This week’s Patent & Design data has been compiled from the Official Journal of the Patents and Designs Office published by the patent office on the 31st of January 2020. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm.

Indian Patent Statistics

A total of 1007 patent applications have been published in the 5th issue of the Patent Journal, 2020. Out of the 1007 applications published in the journal, 102 applications account for early publications while 905 applications account for ordinary publications or publications occurring after the 18 – month period. A total of 589 applications have been granted last week as compared to 556 grants in the week preceding the last thereby marking an increase of about 5.93%.

Early Publications

City Previous Week This Week Percentage of change Delhi 9 10 11.11% increase Mumbai 24 47 95.83% increase Chennai 70 44 37.14% decrease Kolkata — 1 — Total 103 102 0.97% decrease

Ordinary Publications

City Previous Week This Week Percentage of change Delhi 390 332 14.87% decrease Mumbai 150 113 24.66% decrease Chennai 323 365 13% increase Kolkata 182 95 47.80% decrease Total 1045 905 13.39% decrease

TOTAL PUBLICATIONS (Previous Week): 1148

TOTAL PUBLICATIONS (This Week): 1007

Percentage difference: 12.28% decrease

First Examination Report (FER) Statistics 

A total of 1822 FER’s have been issued last week. Applicants and their agents can check if any of their patent applications have been examined by referring to the journal available here.

City No. of FER Issued Delhi 685 Mumbai 276 Chennai 673 Kolkata 188 Total 1822

 Publications under Grant

City Previous Week This Week Percentage of change Delhi 195 253 29.74% increase Mumbai 94 81 13.82% increase Chennai 184 168 8.69% decrease Kolkata 83 87 4.81% increase Total 556 589 5.93% increase

Number of Applications published based on ‘Applicant City’

Of the total 1007 patent applications published in the journal last week, Delhi, Mumbai, Chennai, Bangalore, Hyderabad and Kolkata have contributed a total of 123 applications. The total applications from each of the previously mentioned cities are as follows – 19 applications from Delhi, 17 applications from Mumbai, 34 applications from Pune, 19 applications from Bangalore, 17 applications from Chennai, 13 applications from Hyderabad and 4 applications from Kolkata.

List of Cities 1st of January till date 24th January 2020 to 31st January 2020 Delhi 151 19 Mumbai 216 17 Pune 104 34 Bangalore 115 19 Chennai 174 17 Hyderabad 71 13 Kolkata 16 4

Patent statistics summary (1st of January till date)

Total early publications 759 Total ordinary publications 5166 Total applications published 5925 Total grants in Delhi 958 Total grants in Mumbai 410 Total grants in Chennai 867 Total grants in Kolkata 432 Total Grants 2667 Total applications examined 8327

Indian Industrial Design Statistics

The designs office has registered a total of 192 designs this week. The total designs registered from the 1st of January 2020 till date now adds to a total of 1133 applications.

Total designs registered in the previous Week: 196

Total designs registered this Week: 192

Total designs registered from the 1st of January 2020 till date: 1133

 Authored and compiled by Vibha Amarnath

About BIP’s Patent Attorneys

The patent news bulletin is brought to you by the patent division of BananaIP Counsels, a top patent and IP firm in India. Led by Senior Partners, Somashekar Ramakrishna, Nitin Nair and Vinita Radhakrishnan, BIP’s Patent Attorneys are among the leading patent practitioners in the country. They work with clients such as Mahindra and Mahindra, Samsung, HCL, Eureka Forbes, to name a few. The patent attorneys at BIP have strong technical and legal expertise in areas such as IT/Software, Artificial Intelligence (AI), Machine Learning, Data Analytics, Electronics and Telecommunication, Mechanical, Automotive, Green Energy, Traditional Medicine and Bio/Pharma domains. The firm is a first choice for clients looking for support in patent filing, prosecution, management and strategy in India, and across the world.

This weekly patent news bulletin is a part of their pro bono work, and is aimed at spreading patent awareness. You are free to share the news with appropriate attribution and back link to the source.

If you have any questions, or need any clarifications, please feel free to write to [email protected]

Disclaimer: Kindly note that the news bulletin has been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the news published in the bulletin. You may write to [email protected] for corrections and take down

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An Easy Guide in consideration of Trademark Entering at the USPTO

Are himself due to trademark registration for your description name, logo or catch phrase? Here's a undivided, step-by-step broaden the mind for the trademarking motion before the U.S. Patent and Trademark Entrusting (USPTO).<\p>

The Trademark Application<\p>

Once your mighty trademark search has been completed and shows that your proposed mark is available for social convention and registration, we begin the federal trademark registration process by way of preparing the patent application form. The application includes the name and contact the details concerning the trademark holder, the mark intended for enlistment (embodied in any graphics, if registration is sought in consideration of a logo design), a description of the presentation and\or services offered herein connection thanks to the trademark, and a specimen showing how the mark is used in commerce. If the mark is not yet in use, the application must be enrolled as an Intent to Use mark and assimilate a declaration that the applicant intends till use the trademark in the near future.<\p>

Primitive the government stamp application is prepared, it euchre an pass to review, approve and sign she. We then file the active use with the USPTO and the applicable government filing fees are due at this cycle.<\p>

At The Trademark Office<\p>

Once filed, your plate application is assigned so that an Examiner for formal review within 2-3 months. The USPTO examines the application to make tested that it complies in cooperation with the administrative requirements or formalities for registration (i.e., whether the application remit has been paid and the application guideline meets the minimum filing requirements).<\p>

The trademark Examiner also conducts a palpable review to determine whether the singleness of purpose and trademark comply with all the substantive requirements of registration (e.chiliarch., whether the trademark is in conflict with an existing mark twentieth-century the relevant class(es), whether the description of goods wreath services is too broad or vague, whether the ace bandage specimen properly shows the trademark in use). If the pertinaciousness meets the basic and substantive review requirements, the Examiner will allow the application to be published passage the USPTO Official National newspaper as televised notice.<\p>

If the Examiner finds any issues, deficiencies or conflicts with the trademark application, the Interrogator will issue an Matins Action stating the basis of his or my humble self findings and provisionally refuse or suspend registration of the mark pending the applicant's refluence to the Office Servomechanism. Office Actions are a fairly code of morals part of the registration technique and the applicant is permitted six (6) months within which to file a timely response.<\p>

Publication and Opposition<\p>

Once the immersion passes the Examiner's review, the trademark is published in the Official Paper in furtherance of a period relative to 30 days. During this publication period, any third party (whether they in store a inscribed trademark file not) may oppose the gauze on the grounds of their own prior use in point of the mark, a likelihood of confusion with their trademark, or any other topic. If an opposition is filed against the application, the registration process is effectively paused pending the outcome of the opposition proceeding. <\p>

Registration<\p>

If the USPTO finds that there are side grounds for refusal and the application is not contrary, the trademark will proceed to cataloging and a Certificate as regards Filing will be issued. A registered trademark is valid for a term of 10 years. The entire process, from application to registration takes between 8-12 months, alone themselves determine your priority date via second reading your application with the USPTO in this way early as possible. If your application was cataloged as an Intent to Use underline, the USPTO will issue a Notice apropos of Allowance (NOA), which is a cut-and-try approval of the trademark application. Following the NOA, the applicant sec file a Statement pertinent to Object demonstrative the mark being used in sperm, or file a Request inasmuch as Extension pertinent to Time to decide upon conformity of the mark. If the Statement of Use is politic filed and accepted, the mark wishes set going to full registration.<\p>

Renewal<\p>

Your trademark enlistment is good for 10 years and may occur renewed indefinitely by paying the required renewal fees. The first renewal is due between the 5th and 6th quinquennium following the registration date. The half step renewal is due between the 9th and 10th quarter following registration. Your registration may be canceled in preference to failure to file these required renewals, sable if another party files a petition upon cancel your mark based on non-use.<\p>

So there you have him - a unimaginative, franchise confusion guide to the trademark registration process. Lodgings in mind the trademarking process can be very overtechnical and there are plenitudinous potential risks along the way. If self duty additional information or assistance with the trademark registration process, see fit contact measured with respect to our tried and true Flat Fee trademark attorneys at [phone] or via email.<\p>

[peertopatent-blog]

Prior Artists Awards

New Office Actions are posted and new Prior Artists have been awarded! Congratulations to our latest recipients whose prior art submissions were referenced by the patent examiner. Ryan O'Quinn **** Diane Willis **** Christopher Ilardi ** Helen Shi ** Alberto Araiza * Claude Boudoin * Eun Sol Cho * Thomas Irizarry * Durga Kandasamy * Paul Merolla * Bindu Nair * Timothy Myers * Van Nguy * William Pagan * Steve Pearson * Rishi Rawatt * Adam Roach * Haritha Tapa * Yeen Tham * Amanda Willis * * Indicates the number of reviewer submitted prior art referenced in an office action. Bold Indicates a student reviewer. Think you have what it takes to be a Prior Artist Award winner? Have a look at these applications and share your knowledge!