1. Key takeaways
Whenever certain workflows are provided, parties shall
use the correct workflows for lodging documents.
If there is a separate workflow for the Application to amend the
patent, the party should use this workflow instead of filing the
Application in the same submission as the Statement of Defense.
This makes the CMS more transparent and more accessible and is in
line with the provisions in Rule 4.1 RoP.
Using the wrong workflow may render a submission
inadmissible in the future.
Only "for now" the use of the wrong workflow does not
render a submission inadmissible.
The RoP must be interpreted with reference to the
principles of fairness and proportionality (Preamble No. 2
RoP).
