Recent Patent-Related Rule Making and Changes in USPTO 课件.ppt

Non-compliant claim amendment example continued: In reply to the Notice, applicant must submit a corrected claim listing that includes a status identifier for each claim. The new claims 21-25 must be presented with the status identifier of “new” and the text of the claims not underlined. Note: the new claims 21-25 must not be presented with the status identifier of “not entered” and must not be renumbered as claims 26-30. A non-compliant amendment is different than an unentered after final amendment situation. In the after final situation, the claim numbers of any unentered new claims may not be re-used. Example (Continued) 精品文档 Non-compliant claim amendment example continued: The Office would enter: The amendments to the specification from the original amendment paper, and The amendments to the claims that include the corrected claim listing from the paper filed in reply to the Notice. Example (Continued) 精品文档 The revised amendment practice under 37 CFR 1.121 does not apply to amendments filed in the international stage of an international application. Such amendments must be in compliance with the Patent Cooperation Treaty (PCT) amendment procedure (i.e., PCT Articles 19 and 34(2)(b)). Thus, status identifiers are not to be used during the international stage. Amendments filed in the national stage (pursuant to 35 U.S.C. 371) of an international application must comply with the revised amendment practice under 37 CFR 1.121. The status identifier “original” must only be used for claims that were presented on or before the international filing date and have not been modified or canceled. International Applications 精品文档 Elimination of CPA Practice as to Utility and Plant Applications – Final Rule Effective date: July 14, 2003 Elimination of Elimination of Continued Prosecution Application Practice as to Utility and Plant Patent Applications, 68 Fed. Reg. 32376 (May 30, 2003), 1271 Off. Gaz. Pat. Office 143 (June 24, 2003)(final rule). 精品文档 Electronic In