What time periods apply for submitting a specific reference to a prior-filed application to claim benefit under 35 U.S.C. 120 or 119(e)?
The reference to the prior-filed application to claim benefit under 35 U.S.C. 120 or 119(e) must be submitted within the following time periods under 37 CFR 1.78: For an application filed under 35 U.S.C. 111(a), the later of four months from the filing date or sixteen months from the filing date of the prior-filed application…
Read MoreWhat is the right of priority for foreign patent applications?
The right of priority allows an applicant who has filed a patent application in a foreign country to claim priority to that earlier filing date when filing a subsequent U.S. application for the same invention. This right is established by 35 U.S.C. 119 and gives the U.S. application the benefit of the earlier foreign filing…
Read MoreWhat are the requirements for a later-filed application to claim the benefit of an earlier filing date under 35 U.S.C. 120 and 119(e)?
To claim the benefit of an earlier filing date under 35 U.S.C. 120 and 119(e), a later-filed application must meet several requirements: The prior-filed application must name the inventor or at least one joint inventor named in the later-filed application and must be entitled to a filing date The prior-filed application must meet disclosure requirements…
Read MoreHow do I claim priority to a prior foreign patent application in a U.S. patent application?
To claim priority to an earlier-filed foreign application, the applicant must: 1. File the U.S. application within 12 months of the foreign application’s filing date (6 months for design applications).2. In the U.S. application, include a claim for priority that identifies the foreign application. For applications filed on/after 9/16/12, this must be in an ADS.3.…
Read MoreWhat is the time period for filing a certified copy of the foreign priority application in a U.S. application filed on or after March 16, 2013?
For an original application filed under 35 U.S.C. 111(a) on or after March 16, 2013, a certified copy of the foreign application must be filed within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application, except as provided in…
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