What is the difference between a 35 U.S.C. 111(a) and 111(b) application?
The main difference between applications filed under 35 U.S.C. 111(a) and 111(b) lies in their purpose and requirements. According to MPEP 201.01: 35 U.S.C. 111(a) applications: These are for original (nonprovisional) patents. They require a specification, at least one claim, and drawings (when necessary). 35 U.S.C. 111(b) applications: These are for provisional patents. They do…
Read MoreWhat is a ‘regular utility application’ in patent law?
What is a ‘regular utility application’ in patent law? A ‘regular utility application’ is a term used in patent law to describe a standard non-provisional patent application for a utility invention. According to MPEP 201.02, it is defined as follows: “A ‘regular utility application’ is a non-provisional application for a utility patent filed under 35…
Read MoreWhat are the time periods for filing a claim for foreign priority in a U.S. patent application?
The time periods for filing a priority claim depend on the type of application: For original applications filed under 35 U.S.C. 111(a) (other than design applications), the claim must be filed during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months…
Read MoreHow does MPEP 201.01 define a national application?
MPEP 201.01 provides a clear definition of a national application in the context of U.S. patent law. According to MPEP 201.01: ‘A national application is one that was filed in the United States Patent and Trademark Office (USPTO) under 35 U.S.C. 111(a), an application which entered the national stage from an international application after compliance…
Read MoreWhat are the basic filing requirements for a nonprovisional patent application under 35 U.S.C. 111(a)?
The basic filing requirements for a nonprovisional patent application under 35 U.S.C. 111(a) are: A specification (with or without claims) Any required drawings The appropriate filing fee, search fee, and examination fee An oath or declaration The MPEP states: The procedure for filing a nonprovisional application under 35 U.S.C. 111(a) is set forth in 37…
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