Patent Law FAQ

When examining a patent application, it’s crucial for the examiner to verify and indicate whether the conditions of 35 U.S.C. 119(a)-(d) or (f) have been met. These sections relate to the right of priority for foreign applications.

The MPEP instructs: However, the examiner must still indicate in the Office action and on the bib-data sheet whether the conditions of35 U.S.C. 119(a)-(d)or(f)have been met. (MPEP 202)

This means the examiner should:

• Review the foreign priority claim
• Determine if all conditions for the claim have been satisfied
• Indicate the status of the claim in the Office action
• Mark the bib-data sheet accordingly

If the conditions are met, this information will be reflected on the front page of the issued patent and in the Official Gazette listing. For more information on foreign priority claims, see MPEP § 213.

For more information on foreign priority, visit: foreign priority.

For more information on patent examination, visit: patent examination.

The front page of a patent issuing from a continued prosecution application (CPA) filed under 37 CFR 1.53(d) contains specific information about prior applications.

As stated in the MPEP: The front page of a printed patent issuing on a continued prosecution application (CPA) filed under37 CFR 1.53(d)will identify the application number and filing date of the most recent noncontinued prosecution application (but not the filing date of the CPA) as well as all prior applications from which benefit was claimed in the most recent noncontinued prosecution application. (MPEP 202)

This means that for a CPA:

• The application number and filing date of the most recent non-CPA application are shown
• The CPA’s own filing date is not displayed
• All prior applications claimed as benefit in the most recent non-CPA application are listed

This information helps establish the continuity and priority of the patent application.

For more information on benefit claims, visit: benefit claims.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on patent front page, visit: patent front page.

For more information on prior applications, visit: prior applications.

When foreign applications are properly claimed and verified in a patent application, this information is reflected in the issued patent and the Official Gazette listing. This helps establish the priority date and international scope of the invention.

The MPEP states: The front page of the patent when it is issued, and the listing in the Official Gazette, will refer to the claim of priority, giving the country, the filing date, and the number of the foreign application in those applications in which the bib-data sheet has been endorsed. (MPEP 202)

This means that for each properly claimed foreign application, the following information will be publicly available:

• The country of filing
• The filing date
• The application number

It’s important to note that this information is only included for foreign applications that have been verified and endorsed on the bib-data sheet by the examiner. For more information on foreign priority claims, see MPEP § 213.

For more information on foreign applications, visit: foreign applications.

For more information on issued patent, visit: issued patent.

For more information on Official Gazette, visit: Official Gazette.

Provisional application benefits are handled differently from other types of priority claims on the bib-data sheet. If an applicant claims benefit under 35 U.S.C. 119(e) to a prior provisional application, the application number of that provisional application should be printed on the bib-data sheet.

However, it’s important to note: If applicant claims benefit under35 U.S.C. 119(e)to a prior provisional application, and states that the provisional application claims the benefit of, or priority to, earlier domestic or foreign application(s), the earlier application(s) should not be reflected on the bib-data sheet because a provisional application is not entitled to the benefit of, or right of priority to, any other application. (MPEP 202)

This is due to the limitation set forth in 35 U.S.C. 111(b)(7), which states that a provisional application cannot claim priority to or benefit from any other application.

Examiners should verify that provisional application data is correctly listed and that no improper benefit claims to earlier applications through a provisional application are included on the bib-data sheet.

For more information on benefit claims, visit: benefit claims.

For more information on patent examination, visit: patent examination.

For more information on provisional application, visit: provisional application.

Foreign priority claims are an important aspect of patent applications and are reflected on the bib-data sheet. The examiner should verify that foreign applications listed on the oath, declaration, or application data sheet are correctly listed on the bib-data sheet.

According to the MPEP: A bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application that the U.S. application is claiming the priority of. The examiner should check this information for accuracy. (MPEP 202)

If there are errors:

• On the oath, declaration, or application data sheet: The examiner should require a new document.
• On the bib-data sheet itself: The examiner should make corrections directly on the sheet and have the information updated in the Office computer systems.

It’s important to note that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) should be listed. A list of qualifying countries can be found in MPEP § 213.01.

For more information on foreign applications, visit: foreign applications.

For more information on foreign priority claims, visit: foreign priority claims.

For more information on patent examination, visit: patent examination.

If there is an error in the pre-printed prior application data on the bib-data sheet:

• The examiner should require correction via a corrected or supplemental application data sheet or an amendment, if it was an applicant error.
• A petition for an unintentionally delayed benefit claim may also be required.
• If appropriate, the correction or entry of the data can be made by technical support staff of the Technology Center.

See MPEP 601.05 and MPEP 211.02(a) for more details.

If there’s an error in the preprinted prior application data, the following steps should be taken:

1. If the error is in the Patent Data Portal database, it can be corrected by technical support staff of the Technology Center.
2. After the data is corrected, a new bib-data sheet should be printed and scanned into the file.
3. If the error was made by the applicant, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.
4. In some cases, a petition for an unintentionally delayed benefit claim may also be required.

The MPEP states: “Should there be an error in the preprinted prior application data, the correction or entry of the data in the Patent Data Portal data base can be made by technical support staff of the Technology Center, if appropriate. Upon entry of the data, a new bib-data sheet should be printed and scanned into the file. If the error was an applicant error, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.” (MPEP 202)

An examiner should check the following on the bib-data sheet regarding prior applications:

1. Accuracy of prior application data, including provisional application data
2. Whether the application is copending with prior nonprovisional applications for which benefit is claimed
3. Correct application numbers of provisional applications for which benefit is claimed
4. Proper listing of foreign applications qualifying for benefits under 35 U.S.C. 119(a)-(d)

MPEP 202 instructs: “Where the data is correct, the examiner should initial the bib-data sheet in the provided space. Should there be an error in the preprinted prior application data, the correction or entry of the data in the Patent Data Portal data base can be made by technical support staff of the Technology Center, if appropriate.”

Cross-noting in patent applications refers to the process of recording and verifying information about prior applications, including U.S. and foreign applications, for which benefit or priority is claimed. This information is typically noted on the bibliographic data (bib-data) sheet of the application and is used to ensure accurate representation of priority claims on the front page of a printed patent.

According to MPEP 202, “The front page of a printed patent identifies all prior applications for which benefits are claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in continuation-in-part, continuation, divisional, and reissue applications.”

For foreign priority applications, the bib-data sheet should include:

• Application number
• Country (or intellectual property authority)
• Day, month, and year of filing

MPEP 202 specifies: “A bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application that the U.S. application is claiming the priority of. The examiner should check this information for accuracy.”

It’s important to note that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) should be listed. Applications from non-qualifying countries should be lined through on the bib-data sheet.

The front page of a printed patent identifies all prior applications for which benefits are claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in continuation-in-part, continuation, divisional, and reissue applications.

The front page of a patent includes the following information regarding foreign priority claims:

• The country of the foreign application
• The filing date of the foreign application
• The number of the foreign application

This information is included for applications where the bib-data sheet has been properly endorsed. As stated in the MPEP: “The front page of the patent when it is issued, and the listing in the Official Gazette, will refer to the claim of priority, giving the country, the filing date, and the number of the foreign application in those applications in which the bib-data sheet has been endorsed.” (MPEP 202)

For patent applications, prior U.S. application data should be provided as follows:

• For applications filed on or after September 16, 2012: In an application data sheet
• For applications filed before September 16, 2012: In either the first sentence(s) of the specification or in an application data sheet

MPEP 202 states: “The identifying data of all prior applications for which benefits are claimed should be reviewed by the examiner to ensure that the data is accurate and provided in an application data sheet for applications filed on or after September 16, 2012, or provided in either the first sentence(s) of the specification or in an application data sheet for applications filed prior to September 16, 2012.”

Examiners should review the identifying data of all prior applications for which benefits are claimed to ensure accuracy. This review includes:

• Checking that the data is provided in an application data sheet for applications filed on or after September 16, 2012
• Verifying that the data is provided in either the first sentence(s) of the specification or in an application data sheet for applications filed prior to September 16, 2012
• Ensuring the appropriate relationship (e.g., continuation, divisional, or continuation-in-part) between nonprovisional applications is included

The MPEP states: “The identifying data of all prior applications for which benefits are claimed should be reviewed by the examiner to ensure that the data is accurate and provided in an application data sheet for applications filed on or after September 16, 2012, or provided in either the first sentence(s) of the specification or in an application data sheet for applications filed prior to September 16, 2012.” (MPEP 202)

Foreign priority application information is handled as follows on the bib-data sheet:

• If a proper foreign priority claim is not listed on the bib-data sheet, the examiner should add the information and forward it for correction in the Office computer systems.
• Applications listed on the bib-data sheet but filed in countries not qualifying for benefits under 35 U.S.C. 119(a)-(d) should be lined through.
• The bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application claiming priority.
• Examiners should check this information for accuracy and make corrections if necessary.

The MPEP states: “If a foreign application listed on the oath or declaration (for applications filed prior to September 16, 2012) or application data sheet is not listed on the bib-data sheet and the foreign priority claim is proper (e.g., the foreign priority claim was timely made ), the examiner should provide the information regarding the foreign application number, the country, and the filing date on the bib-data sheet and forward the marked-up bib-data sheet to the Legal Instrument Examiner for correction in the Office computer systems.” (MPEP 202)

Patent examiners verify foreign priority claims through the following steps:

1. Check that foreign applications listed on the oath, declaration, or application data sheet are properly listed on the bib-data sheet.
2. Verify the accuracy of the application number, country, and filing date for each foreign application.
3. Ensure that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) are listed.
4. Initial the bib-data sheet in the “VERIFIED” space when the information is correct or has been amended to be correct.
5. Indicate in the Office action and on the bib-data sheet whether the conditions of 35 U.S.C. 119(a)-(d) or (f) have been met.

MPEP 202 states: “The examiner should check this information for accuracy. Should there be an error on the oath or declaration, or application data sheet itself, the examiner should require a new oath or declaration, or application data sheet, where appropriate. A petition for an unintentionally delayed claim for priority may also be required.”

Errors in prior application data on the bib-data sheet are corrected as follows:

1. If the error is in the preprinted data: The examiner can have the technical support staff of the Technology Center make corrections in the Patent Data Portal database.
2. If the error is an applicant error: The examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.

MPEP 202 states: “Upon entry of the data, a new bib-data sheet should be printed and scanned into the file. If the error was an applicant error, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate. See MPEP § 601.05 et seq. and MPEP § 211.02(a). A petition for an unintentionally delayed benefit claim may also be required. See MPEP § 211.04.”

For continued prosecution applications (CPAs) filed under 37 CFR 1.53(d), the front page of a printed patent will include:

• The application number and filing date of the most recent noncontinued prosecution application
• All prior applications from which benefit was claimed in the most recent noncontinued prosecution application

Notably, the filing date of the CPA itself is not included. As stated in the MPEP: “The front page of a printed patent issuing on a continued prosecution application (CPA) filed under 37 CFR 1.53(d) will identify the application number and filing date of the most recent noncontinued prosecution application (but not the filing date of the CPA) as well as all prior applications from which benefit was claimed in the most recent noncontinued prosecution application.” (MPEP 202)

No, the inclusion of prior application information in the patent does not necessarily indicate that the claims are entitled to the benefit of the earlier filing date.

See MPEP 2136.03 and MPEP 2154.01(b) for additional information.

If there is an error in the pre-printed prior application data on the bib-data sheet:

• The examiner should require correction via a corrected or supplemental application data sheet or an amendment, if it was an applicant error.
• A petition for an unintentionally delayed benefit claim may also be required.
• If appropriate, the correction or entry of the data can be made by technical support staff of the Technology Center.

See MPEP 601.05 and MPEP 211.02(a) for more details.

If there’s an error in the preprinted prior application data, the following steps should be taken:

1. If the error is in the Patent Data Portal database, it can be corrected by technical support staff of the Technology Center.
2. After the data is corrected, a new bib-data sheet should be printed and scanned into the file.
3. If the error was made by the applicant, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.
4. In some cases, a petition for an unintentionally delayed benefit claim may also be required.

The MPEP states: “Should there be an error in the preprinted prior application data, the correction or entry of the data in the Patent Data Portal data base can be made by technical support staff of the Technology Center, if appropriate. Upon entry of the data, a new bib-data sheet should be printed and scanned into the file. If the error was an applicant error, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.” (MPEP 202)

When examining a patent application, it’s crucial for the examiner to verify and indicate whether the conditions of 35 U.S.C. 119(a)-(d) or (f) have been met. These sections relate to the right of priority for foreign applications.

The MPEP instructs: However, the examiner must still indicate in the Office action and on the bib-data sheet whether the conditions of35 U.S.C. 119(a)-(d)or(f)have been met. (MPEP 202)

This means the examiner should:

• Review the foreign priority claim
• Determine if all conditions for the claim have been satisfied
• Indicate the status of the claim in the Office action
• Mark the bib-data sheet accordingly

If the conditions are met, this information will be reflected on the front page of the issued patent and in the Official Gazette listing. For more information on foreign priority claims, see MPEP § 213.

For more information on foreign priority, visit: foreign priority.

For more information on patent examination, visit: patent examination.

An examiner should check the following on the bib-data sheet regarding prior applications:

1. Accuracy of prior application data, including provisional application data
2. Whether the application is copending with prior nonprovisional applications for which benefit is claimed
3. Correct application numbers of provisional applications for which benefit is claimed
4. Proper listing of foreign applications qualifying for benefits under 35 U.S.C. 119(a)-(d)

MPEP 202 instructs: “Where the data is correct, the examiner should initial the bib-data sheet in the provided space. Should there be an error in the preprinted prior application data, the correction or entry of the data in the Patent Data Portal data base can be made by technical support staff of the Technology Center, if appropriate.”

Cross-noting in patent applications refers to the process of recording and verifying information about prior applications, including U.S. and foreign applications, for which benefit or priority is claimed. This information is typically noted on the bibliographic data (bib-data) sheet of the application and is used to ensure accurate representation of priority claims on the front page of a printed patent.

According to MPEP 202, “The front page of a printed patent identifies all prior applications for which benefits are claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in continuation-in-part, continuation, divisional, and reissue applications.”

For foreign priority applications, the bib-data sheet should include:

• Application number
• Country (or intellectual property authority)
• Day, month, and year of filing

MPEP 202 specifies: “A bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application that the U.S. application is claiming the priority of. The examiner should check this information for accuracy.”

It’s important to note that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) should be listed. Applications from non-qualifying countries should be lined through on the bib-data sheet.

The front page of a printed patent identifies all prior applications for which benefits are claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in continuation-in-part, continuation, divisional, and reissue applications.

The front page of a patent includes the following information regarding foreign priority claims:

• The country of the foreign application
• The filing date of the foreign application
• The number of the foreign application

This information is included for applications where the bib-data sheet has been properly endorsed. As stated in the MPEP: “The front page of the patent when it is issued, and the listing in the Official Gazette, will refer to the claim of priority, giving the country, the filing date, and the number of the foreign application in those applications in which the bib-data sheet has been endorsed.” (MPEP 202)

The front page of a patent issuing from a continued prosecution application (CPA) filed under 37 CFR 1.53(d) contains specific information about prior applications.

As stated in the MPEP: The front page of a printed patent issuing on a continued prosecution application (CPA) filed under37 CFR 1.53(d)will identify the application number and filing date of the most recent noncontinued prosecution application (but not the filing date of the CPA) as well as all prior applications from which benefit was claimed in the most recent noncontinued prosecution application. (MPEP 202)

This means that for a CPA:

• The application number and filing date of the most recent non-CPA application are shown
• The CPA’s own filing date is not displayed
• All prior applications claimed as benefit in the most recent non-CPA application are listed

This information helps establish the continuity and priority of the patent application.

For more information on benefit claims, visit: benefit claims.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on patent front page, visit: patent front page.

For more information on prior applications, visit: prior applications.

For patent applications, prior U.S. application data should be provided as follows:

• For applications filed on or after September 16, 2012: In an application data sheet
• For applications filed before September 16, 2012: In either the first sentence(s) of the specification or in an application data sheet

MPEP 202 states: “The identifying data of all prior applications for which benefits are claimed should be reviewed by the examiner to ensure that the data is accurate and provided in an application data sheet for applications filed on or after September 16, 2012, or provided in either the first sentence(s) of the specification or in an application data sheet for applications filed prior to September 16, 2012.”

Examiners should review the identifying data of all prior applications for which benefits are claimed to ensure accuracy. This review includes:

• Checking that the data is provided in an application data sheet for applications filed on or after September 16, 2012
• Verifying that the data is provided in either the first sentence(s) of the specification or in an application data sheet for applications filed prior to September 16, 2012
• Ensuring the appropriate relationship (e.g., continuation, divisional, or continuation-in-part) between nonprovisional applications is included

The MPEP states: “The identifying data of all prior applications for which benefits are claimed should be reviewed by the examiner to ensure that the data is accurate and provided in an application data sheet for applications filed on or after September 16, 2012, or provided in either the first sentence(s) of the specification or in an application data sheet for applications filed prior to September 16, 2012.” (MPEP 202)

When foreign applications are properly claimed and verified in a patent application, this information is reflected in the issued patent and the Official Gazette listing. This helps establish the priority date and international scope of the invention.

The MPEP states: The front page of the patent when it is issued, and the listing in the Official Gazette, will refer to the claim of priority, giving the country, the filing date, and the number of the foreign application in those applications in which the bib-data sheet has been endorsed. (MPEP 202)

This means that for each properly claimed foreign application, the following information will be publicly available:

• The country of filing
• The filing date
• The application number

It’s important to note that this information is only included for foreign applications that have been verified and endorsed on the bib-data sheet by the examiner. For more information on foreign priority claims, see MPEP § 213.

For more information on foreign applications, visit: foreign applications.

For more information on issued patent, visit: issued patent.

For more information on Official Gazette, visit: Official Gazette.

Foreign priority application information is handled as follows on the bib-data sheet:

• If a proper foreign priority claim is not listed on the bib-data sheet, the examiner should add the information and forward it for correction in the Office computer systems.
• Applications listed on the bib-data sheet but filed in countries not qualifying for benefits under 35 U.S.C. 119(a)-(d) should be lined through.
• The bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application claiming priority.
• Examiners should check this information for accuracy and make corrections if necessary.

The MPEP states: “If a foreign application listed on the oath or declaration (for applications filed prior to September 16, 2012) or application data sheet is not listed on the bib-data sheet and the foreign priority claim is proper (e.g., the foreign priority claim was timely made ), the examiner should provide the information regarding the foreign application number, the country, and the filing date on the bib-data sheet and forward the marked-up bib-data sheet to the Legal Instrument Examiner for correction in the Office computer systems.” (MPEP 202)

Provisional application benefits are handled differently from other types of priority claims on the bib-data sheet. If an applicant claims benefit under 35 U.S.C. 119(e) to a prior provisional application, the application number of that provisional application should be printed on the bib-data sheet.

However, it’s important to note: If applicant claims benefit under35 U.S.C. 119(e)to a prior provisional application, and states that the provisional application claims the benefit of, or priority to, earlier domestic or foreign application(s), the earlier application(s) should not be reflected on the bib-data sheet because a provisional application is not entitled to the benefit of, or right of priority to, any other application. (MPEP 202)

This is due to the limitation set forth in 35 U.S.C. 111(b)(7), which states that a provisional application cannot claim priority to or benefit from any other application.

Examiners should verify that provisional application data is correctly listed and that no improper benefit claims to earlier applications through a provisional application are included on the bib-data sheet.

For more information on benefit claims, visit: benefit claims.

For more information on patent examination, visit: patent examination.

For more information on provisional application, visit: provisional application.

Patent examiners verify foreign priority claims through the following steps:

1. Check that foreign applications listed on the oath, declaration, or application data sheet are properly listed on the bib-data sheet.
2. Verify the accuracy of the application number, country, and filing date for each foreign application.
3. Ensure that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) are listed.
4. Initial the bib-data sheet in the “VERIFIED” space when the information is correct or has been amended to be correct.
5. Indicate in the Office action and on the bib-data sheet whether the conditions of 35 U.S.C. 119(a)-(d) or (f) have been met.

MPEP 202 states: “The examiner should check this information for accuracy. Should there be an error on the oath or declaration, or application data sheet itself, the examiner should require a new oath or declaration, or application data sheet, where appropriate. A petition for an unintentionally delayed claim for priority may also be required.”

Foreign priority claims are an important aspect of patent applications and are reflected on the bib-data sheet. The examiner should verify that foreign applications listed on the oath, declaration, or application data sheet are correctly listed on the bib-data sheet.

According to the MPEP: A bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application that the U.S. application is claiming the priority of. The examiner should check this information for accuracy. (MPEP 202)

If there are errors:

• On the oath, declaration, or application data sheet: The examiner should require a new document.
• On the bib-data sheet itself: The examiner should make corrections directly on the sheet and have the information updated in the Office computer systems.

It’s important to note that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) should be listed. A list of qualifying countries can be found in MPEP § 213.01.

For more information on foreign applications, visit: foreign applications.

For more information on foreign priority claims, visit: foreign priority claims.

For more information on patent examination, visit: patent examination.

Errors in prior application data on the bib-data sheet are corrected as follows:

1. If the error is in the preprinted data: The examiner can have the technical support staff of the Technology Center make corrections in the Patent Data Portal database.
2. If the error is an applicant error: The examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.

MPEP 202 states: “Upon entry of the data, a new bib-data sheet should be printed and scanned into the file. If the error was an applicant error, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate. See MPEP § 601.05 et seq. and MPEP § 211.02(a). A petition for an unintentionally delayed benefit claim may also be required. See MPEP § 211.04.”

For continued prosecution applications (CPAs) filed under 37 CFR 1.53(d), the front page of a printed patent will include:

• The application number and filing date of the most recent noncontinued prosecution application
• All prior applications from which benefit was claimed in the most recent noncontinued prosecution application

Notably, the filing date of the CPA itself is not included. As stated in the MPEP: “The front page of a printed patent issuing on a continued prosecution application (CPA) filed under 37 CFR 1.53(d) will identify the application number and filing date of the most recent noncontinued prosecution application (but not the filing date of the CPA) as well as all prior applications from which benefit was claimed in the most recent noncontinued prosecution application.” (MPEP 202)

No, the inclusion of prior application information in the patent does not necessarily indicate that the claims are entitled to the benefit of the earlier filing date.

See MPEP 2136.03 and MPEP 2154.01(b) for additional information.

If there is an error in the pre-printed prior application data on the bib-data sheet:

• The examiner should require correction via a corrected or supplemental application data sheet or an amendment, if it was an applicant error.
• A petition for an unintentionally delayed benefit claim may also be required.
• If appropriate, the correction or entry of the data can be made by technical support staff of the Technology Center.

See MPEP 601.05 and MPEP 211.02(a) for more details.

If there’s an error in the preprinted prior application data, the following steps should be taken:

1. If the error is in the Patent Data Portal database, it can be corrected by technical support staff of the Technology Center.
2. After the data is corrected, a new bib-data sheet should be printed and scanned into the file.
3. If the error was made by the applicant, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.
4. In some cases, a petition for an unintentionally delayed benefit claim may also be required.

The MPEP states: “Should there be an error in the preprinted prior application data, the correction or entry of the data in the Patent Data Portal data base can be made by technical support staff of the Technology Center, if appropriate. Upon entry of the data, a new bib-data sheet should be printed and scanned into the file. If the error was an applicant error, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.” (MPEP 202)

When examining a patent application, it’s crucial for the examiner to verify and indicate whether the conditions of 35 U.S.C. 119(a)-(d) or (f) have been met. These sections relate to the right of priority for foreign applications.

The MPEP instructs: However, the examiner must still indicate in the Office action and on the bib-data sheet whether the conditions of35 U.S.C. 119(a)-(d)or(f)have been met. (MPEP 202)

This means the examiner should:

• Review the foreign priority claim
• Determine if all conditions for the claim have been satisfied
• Indicate the status of the claim in the Office action
• Mark the bib-data sheet accordingly

If the conditions are met, this information will be reflected on the front page of the issued patent and in the Official Gazette listing. For more information on foreign priority claims, see MPEP § 213.

For more information on foreign priority, visit: foreign priority.

For more information on patent examination, visit: patent examination.

An examiner should check the following on the bib-data sheet regarding prior applications:

1. Accuracy of prior application data, including provisional application data
2. Whether the application is copending with prior nonprovisional applications for which benefit is claimed
3. Correct application numbers of provisional applications for which benefit is claimed
4. Proper listing of foreign applications qualifying for benefits under 35 U.S.C. 119(a)-(d)

MPEP 202 instructs: “Where the data is correct, the examiner should initial the bib-data sheet in the provided space. Should there be an error in the preprinted prior application data, the correction or entry of the data in the Patent Data Portal data base can be made by technical support staff of the Technology Center, if appropriate.”

Cross-noting in patent applications refers to the process of recording and verifying information about prior applications, including U.S. and foreign applications, for which benefit or priority is claimed. This information is typically noted on the bibliographic data (bib-data) sheet of the application and is used to ensure accurate representation of priority claims on the front page of a printed patent.

According to MPEP 202, “The front page of a printed patent identifies all prior applications for which benefits are claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in continuation-in-part, continuation, divisional, and reissue applications.”

For foreign priority applications, the bib-data sheet should include:

• Application number
• Country (or intellectual property authority)
• Day, month, and year of filing

MPEP 202 specifies: “A bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application that the U.S. application is claiming the priority of. The examiner should check this information for accuracy.”

It’s important to note that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) should be listed. Applications from non-qualifying countries should be lined through on the bib-data sheet.

The front page of a printed patent identifies all prior applications for which benefits are claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in continuation-in-part, continuation, divisional, and reissue applications.

The front page of a patent includes the following information regarding foreign priority claims:

• The country of the foreign application
• The filing date of the foreign application
• The number of the foreign application

This information is included for applications where the bib-data sheet has been properly endorsed. As stated in the MPEP: “The front page of the patent when it is issued, and the listing in the Official Gazette, will refer to the claim of priority, giving the country, the filing date, and the number of the foreign application in those applications in which the bib-data sheet has been endorsed.” (MPEP 202)

The front page of a patent issuing from a continued prosecution application (CPA) filed under 37 CFR 1.53(d) contains specific information about prior applications.

As stated in the MPEP: The front page of a printed patent issuing on a continued prosecution application (CPA) filed under37 CFR 1.53(d)will identify the application number and filing date of the most recent noncontinued prosecution application (but not the filing date of the CPA) as well as all prior applications from which benefit was claimed in the most recent noncontinued prosecution application. (MPEP 202)

This means that for a CPA:

• The application number and filing date of the most recent non-CPA application are shown
• The CPA’s own filing date is not displayed
• All prior applications claimed as benefit in the most recent non-CPA application are listed

This information helps establish the continuity and priority of the patent application.

For more information on benefit claims, visit: benefit claims.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on patent front page, visit: patent front page.

For more information on prior applications, visit: prior applications.

For patent applications, prior U.S. application data should be provided as follows:

• For applications filed on or after September 16, 2012: In an application data sheet
• For applications filed before September 16, 2012: In either the first sentence(s) of the specification or in an application data sheet

MPEP 202 states: “The identifying data of all prior applications for which benefits are claimed should be reviewed by the examiner to ensure that the data is accurate and provided in an application data sheet for applications filed on or after September 16, 2012, or provided in either the first sentence(s) of the specification or in an application data sheet for applications filed prior to September 16, 2012.”

Examiners should review the identifying data of all prior applications for which benefits are claimed to ensure accuracy. This review includes:

• Checking that the data is provided in an application data sheet for applications filed on or after September 16, 2012
• Verifying that the data is provided in either the first sentence(s) of the specification or in an application data sheet for applications filed prior to September 16, 2012
• Ensuring the appropriate relationship (e.g., continuation, divisional, or continuation-in-part) between nonprovisional applications is included

The MPEP states: “The identifying data of all prior applications for which benefits are claimed should be reviewed by the examiner to ensure that the data is accurate and provided in an application data sheet for applications filed on or after September 16, 2012, or provided in either the first sentence(s) of the specification or in an application data sheet for applications filed prior to September 16, 2012.” (MPEP 202)

When foreign applications are properly claimed and verified in a patent application, this information is reflected in the issued patent and the Official Gazette listing. This helps establish the priority date and international scope of the invention.

The MPEP states: The front page of the patent when it is issued, and the listing in the Official Gazette, will refer to the claim of priority, giving the country, the filing date, and the number of the foreign application in those applications in which the bib-data sheet has been endorsed. (MPEP 202)

This means that for each properly claimed foreign application, the following information will be publicly available:

• The country of filing
• The filing date
• The application number

It’s important to note that this information is only included for foreign applications that have been verified and endorsed on the bib-data sheet by the examiner. For more information on foreign priority claims, see MPEP § 213.

For more information on foreign applications, visit: foreign applications.

For more information on issued patent, visit: issued patent.

For more information on Official Gazette, visit: Official Gazette.

Foreign priority application information is handled as follows on the bib-data sheet:

• If a proper foreign priority claim is not listed on the bib-data sheet, the examiner should add the information and forward it for correction in the Office computer systems.
• Applications listed on the bib-data sheet but filed in countries not qualifying for benefits under 35 U.S.C. 119(a)-(d) should be lined through.
• The bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application claiming priority.
• Examiners should check this information for accuracy and make corrections if necessary.

The MPEP states: “If a foreign application listed on the oath or declaration (for applications filed prior to September 16, 2012) or application data sheet is not listed on the bib-data sheet and the foreign priority claim is proper (e.g., the foreign priority claim was timely made ), the examiner should provide the information regarding the foreign application number, the country, and the filing date on the bib-data sheet and forward the marked-up bib-data sheet to the Legal Instrument Examiner for correction in the Office computer systems.” (MPEP 202)

Provisional application benefits are handled differently from other types of priority claims on the bib-data sheet. If an applicant claims benefit under 35 U.S.C. 119(e) to a prior provisional application, the application number of that provisional application should be printed on the bib-data sheet.

However, it’s important to note: If applicant claims benefit under35 U.S.C. 119(e)to a prior provisional application, and states that the provisional application claims the benefit of, or priority to, earlier domestic or foreign application(s), the earlier application(s) should not be reflected on the bib-data sheet because a provisional application is not entitled to the benefit of, or right of priority to, any other application. (MPEP 202)

This is due to the limitation set forth in 35 U.S.C. 111(b)(7), which states that a provisional application cannot claim priority to or benefit from any other application.

Examiners should verify that provisional application data is correctly listed and that no improper benefit claims to earlier applications through a provisional application are included on the bib-data sheet.

For more information on benefit claims, visit: benefit claims.

For more information on patent examination, visit: patent examination.

For more information on provisional application, visit: provisional application.

Patent examiners verify foreign priority claims through the following steps:

1. Check that foreign applications listed on the oath, declaration, or application data sheet are properly listed on the bib-data sheet.
2. Verify the accuracy of the application number, country, and filing date for each foreign application.
3. Ensure that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) are listed.
4. Initial the bib-data sheet in the “VERIFIED” space when the information is correct or has been amended to be correct.
5. Indicate in the Office action and on the bib-data sheet whether the conditions of 35 U.S.C. 119(a)-(d) or (f) have been met.

MPEP 202 states: “The examiner should check this information for accuracy. Should there be an error on the oath or declaration, or application data sheet itself, the examiner should require a new oath or declaration, or application data sheet, where appropriate. A petition for an unintentionally delayed claim for priority may also be required.”

Foreign priority claims are an important aspect of patent applications and are reflected on the bib-data sheet. The examiner should verify that foreign applications listed on the oath, declaration, or application data sheet are correctly listed on the bib-data sheet.

According to the MPEP: A bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application that the U.S. application is claiming the priority of. The examiner should check this information for accuracy. (MPEP 202)

If there are errors:

• On the oath, declaration, or application data sheet: The examiner should require a new document.
• On the bib-data sheet itself: The examiner should make corrections directly on the sheet and have the information updated in the Office computer systems.

It’s important to note that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) should be listed. A list of qualifying countries can be found in MPEP § 213.01.

For more information on foreign applications, visit: foreign applications.

For more information on foreign priority claims, visit: foreign priority claims.

For more information on patent examination, visit: patent examination.

Errors in prior application data on the bib-data sheet are corrected as follows:

1. If the error is in the preprinted data: The examiner can have the technical support staff of the Technology Center make corrections in the Patent Data Portal database.
2. If the error is an applicant error: The examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.

MPEP 202 states: “Upon entry of the data, a new bib-data sheet should be printed and scanned into the file. If the error was an applicant error, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate. See MPEP § 601.05 et seq. and MPEP § 211.02(a). A petition for an unintentionally delayed benefit claim may also be required. See MPEP § 211.04.”

For continued prosecution applications (CPAs) filed under 37 CFR 1.53(d), the front page of a printed patent will include:

• The application number and filing date of the most recent noncontinued prosecution application
• All prior applications from which benefit was claimed in the most recent noncontinued prosecution application

Notably, the filing date of the CPA itself is not included. As stated in the MPEP: “The front page of a printed patent issuing on a continued prosecution application (CPA) filed under 37 CFR 1.53(d) will identify the application number and filing date of the most recent noncontinued prosecution application (but not the filing date of the CPA) as well as all prior applications from which benefit was claimed in the most recent noncontinued prosecution application.” (MPEP 202)

No, the inclusion of prior application information in the patent does not necessarily indicate that the claims are entitled to the benefit of the earlier filing date.

See MPEP 2136.03 and MPEP 2154.01(b) for additional information.

If there is an error in the pre-printed prior application data on the bib-data sheet:

• The examiner should require correction via a corrected or supplemental application data sheet or an amendment, if it was an applicant error.
• A petition for an unintentionally delayed benefit claim may also be required.
• If appropriate, the correction or entry of the data can be made by technical support staff of the Technology Center.

See MPEP 601.05 and MPEP 211.02(a) for more details.

If there’s an error in the preprinted prior application data, the following steps should be taken:

1. If the error is in the Patent Data Portal database, it can be corrected by technical support staff of the Technology Center.
2. After the data is corrected, a new bib-data sheet should be printed and scanned into the file.
3. If the error was made by the applicant, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.
4. In some cases, a petition for an unintentionally delayed benefit claim may also be required.

The MPEP states: “Should there be an error in the preprinted prior application data, the correction or entry of the data in the Patent Data Portal data base can be made by technical support staff of the Technology Center, if appropriate. Upon entry of the data, a new bib-data sheet should be printed and scanned into the file. If the error was an applicant error, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.” (MPEP 202)

When examining a patent application, it’s crucial for the examiner to verify and indicate whether the conditions of 35 U.S.C. 119(a)-(d) or (f) have been met. These sections relate to the right of priority for foreign applications.

The MPEP instructs: However, the examiner must still indicate in the Office action and on the bib-data sheet whether the conditions of35 U.S.C. 119(a)-(d)or(f)have been met. (MPEP 202)

This means the examiner should:

• Review the foreign priority claim
• Determine if all conditions for the claim have been satisfied
• Indicate the status of the claim in the Office action
• Mark the bib-data sheet accordingly

If the conditions are met, this information will be reflected on the front page of the issued patent and in the Official Gazette listing. For more information on foreign priority claims, see MPEP § 213.

For more information on foreign priority, visit: foreign priority.

For more information on patent examination, visit: patent examination.

An examiner should check the following on the bib-data sheet regarding prior applications:

1. Accuracy of prior application data, including provisional application data
2. Whether the application is copending with prior nonprovisional applications for which benefit is claimed
3. Correct application numbers of provisional applications for which benefit is claimed
4. Proper listing of foreign applications qualifying for benefits under 35 U.S.C. 119(a)-(d)

MPEP 202 instructs: “Where the data is correct, the examiner should initial the bib-data sheet in the provided space. Should there be an error in the preprinted prior application data, the correction or entry of the data in the Patent Data Portal data base can be made by technical support staff of the Technology Center, if appropriate.”

Cross-noting in patent applications refers to the process of recording and verifying information about prior applications, including U.S. and foreign applications, for which benefit or priority is claimed. This information is typically noted on the bibliographic data (bib-data) sheet of the application and is used to ensure accurate representation of priority claims on the front page of a printed patent.

According to MPEP 202, “The front page of a printed patent identifies all prior applications for which benefits are claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in continuation-in-part, continuation, divisional, and reissue applications.”

For foreign priority applications, the bib-data sheet should include:

• Application number
• Country (or intellectual property authority)
• Day, month, and year of filing

MPEP 202 specifies: “A bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application that the U.S. application is claiming the priority of. The examiner should check this information for accuracy.”

It’s important to note that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) should be listed. Applications from non-qualifying countries should be lined through on the bib-data sheet.

The front page of a printed patent identifies all prior applications for which benefits are claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in continuation-in-part, continuation, divisional, and reissue applications.

The front page of a patent includes the following information regarding foreign priority claims:

• The country of the foreign application
• The filing date of the foreign application
• The number of the foreign application

This information is included for applications where the bib-data sheet has been properly endorsed. As stated in the MPEP: “The front page of the patent when it is issued, and the listing in the Official Gazette, will refer to the claim of priority, giving the country, the filing date, and the number of the foreign application in those applications in which the bib-data sheet has been endorsed.” (MPEP 202)

The front page of a patent issuing from a continued prosecution application (CPA) filed under 37 CFR 1.53(d) contains specific information about prior applications.

As stated in the MPEP: The front page of a printed patent issuing on a continued prosecution application (CPA) filed under37 CFR 1.53(d)will identify the application number and filing date of the most recent noncontinued prosecution application (but not the filing date of the CPA) as well as all prior applications from which benefit was claimed in the most recent noncontinued prosecution application. (MPEP 202)

This means that for a CPA:

• The application number and filing date of the most recent non-CPA application are shown
• The CPA’s own filing date is not displayed
• All prior applications claimed as benefit in the most recent non-CPA application are listed

This information helps establish the continuity and priority of the patent application.

For more information on benefit claims, visit: benefit claims.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on patent front page, visit: patent front page.

For more information on prior applications, visit: prior applications.

For patent applications, prior U.S. application data should be provided as follows:

• For applications filed on or after September 16, 2012: In an application data sheet
• For applications filed before September 16, 2012: In either the first sentence(s) of the specification or in an application data sheet

MPEP 202 states: “The identifying data of all prior applications for which benefits are claimed should be reviewed by the examiner to ensure that the data is accurate and provided in an application data sheet for applications filed on or after September 16, 2012, or provided in either the first sentence(s) of the specification or in an application data sheet for applications filed prior to September 16, 2012.”

Examiners should review the identifying data of all prior applications for which benefits are claimed to ensure accuracy. This review includes:

• Checking that the data is provided in an application data sheet for applications filed on or after September 16, 2012
• Verifying that the data is provided in either the first sentence(s) of the specification or in an application data sheet for applications filed prior to September 16, 2012
• Ensuring the appropriate relationship (e.g., continuation, divisional, or continuation-in-part) between nonprovisional applications is included

The MPEP states: “The identifying data of all prior applications for which benefits are claimed should be reviewed by the examiner to ensure that the data is accurate and provided in an application data sheet for applications filed on or after September 16, 2012, or provided in either the first sentence(s) of the specification or in an application data sheet for applications filed prior to September 16, 2012.” (MPEP 202)

When foreign applications are properly claimed and verified in a patent application, this information is reflected in the issued patent and the Official Gazette listing. This helps establish the priority date and international scope of the invention.

The MPEP states: The front page of the patent when it is issued, and the listing in the Official Gazette, will refer to the claim of priority, giving the country, the filing date, and the number of the foreign application in those applications in which the bib-data sheet has been endorsed. (MPEP 202)

This means that for each properly claimed foreign application, the following information will be publicly available:

• The country of filing
• The filing date
• The application number

It’s important to note that this information is only included for foreign applications that have been verified and endorsed on the bib-data sheet by the examiner. For more information on foreign priority claims, see MPEP § 213.

For more information on foreign applications, visit: foreign applications.

For more information on issued patent, visit: issued patent.

For more information on Official Gazette, visit: Official Gazette.

Foreign priority application information is handled as follows on the bib-data sheet:

• If a proper foreign priority claim is not listed on the bib-data sheet, the examiner should add the information and forward it for correction in the Office computer systems.
• Applications listed on the bib-data sheet but filed in countries not qualifying for benefits under 35 U.S.C. 119(a)-(d) should be lined through.
• The bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application claiming priority.
• Examiners should check this information for accuracy and make corrections if necessary.

The MPEP states: “If a foreign application listed on the oath or declaration (for applications filed prior to September 16, 2012) or application data sheet is not listed on the bib-data sheet and the foreign priority claim is proper (e.g., the foreign priority claim was timely made ), the examiner should provide the information regarding the foreign application number, the country, and the filing date on the bib-data sheet and forward the marked-up bib-data sheet to the Legal Instrument Examiner for correction in the Office computer systems.” (MPEP 202)

Provisional application benefits are handled differently from other types of priority claims on the bib-data sheet. If an applicant claims benefit under 35 U.S.C. 119(e) to a prior provisional application, the application number of that provisional application should be printed on the bib-data sheet.

However, it’s important to note: If applicant claims benefit under35 U.S.C. 119(e)to a prior provisional application, and states that the provisional application claims the benefit of, or priority to, earlier domestic or foreign application(s), the earlier application(s) should not be reflected on the bib-data sheet because a provisional application is not entitled to the benefit of, or right of priority to, any other application. (MPEP 202)

This is due to the limitation set forth in 35 U.S.C. 111(b)(7), which states that a provisional application cannot claim priority to or benefit from any other application.

Examiners should verify that provisional application data is correctly listed and that no improper benefit claims to earlier applications through a provisional application are included on the bib-data sheet.

For more information on benefit claims, visit: benefit claims.

For more information on patent examination, visit: patent examination.

For more information on provisional application, visit: provisional application.

Patent examiners verify foreign priority claims through the following steps:

1. Check that foreign applications listed on the oath, declaration, or application data sheet are properly listed on the bib-data sheet.
2. Verify the accuracy of the application number, country, and filing date for each foreign application.
3. Ensure that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) are listed.
4. Initial the bib-data sheet in the “VERIFIED” space when the information is correct or has been amended to be correct.
5. Indicate in the Office action and on the bib-data sheet whether the conditions of 35 U.S.C. 119(a)-(d) or (f) have been met.

MPEP 202 states: “The examiner should check this information for accuracy. Should there be an error on the oath or declaration, or application data sheet itself, the examiner should require a new oath or declaration, or application data sheet, where appropriate. A petition for an unintentionally delayed claim for priority may also be required.”

Foreign priority claims are an important aspect of patent applications and are reflected on the bib-data sheet. The examiner should verify that foreign applications listed on the oath, declaration, or application data sheet are correctly listed on the bib-data sheet.

According to the MPEP: A bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application that the U.S. application is claiming the priority of. The examiner should check this information for accuracy. (MPEP 202)

If there are errors:

• On the oath, declaration, or application data sheet: The examiner should require a new document.
• On the bib-data sheet itself: The examiner should make corrections directly on the sheet and have the information updated in the Office computer systems.

It’s important to note that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) should be listed. A list of qualifying countries can be found in MPEP § 213.01.

For more information on foreign applications, visit: foreign applications.

For more information on foreign priority claims, visit: foreign priority claims.

For more information on patent examination, visit: patent examination.

Errors in prior application data on the bib-data sheet are corrected as follows:

1. If the error is in the preprinted data: The examiner can have the technical support staff of the Technology Center make corrections in the Patent Data Portal database.
2. If the error is an applicant error: The examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.

MPEP 202 states: “Upon entry of the data, a new bib-data sheet should be printed and scanned into the file. If the error was an applicant error, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate. See MPEP § 601.05 et seq. and MPEP § 211.02(a). A petition for an unintentionally delayed benefit claim may also be required. See MPEP § 211.04.”

For continued prosecution applications (CPAs) filed under 37 CFR 1.53(d), the front page of a printed patent will include:

• The application number and filing date of the most recent noncontinued prosecution application
• All prior applications from which benefit was claimed in the most recent noncontinued prosecution application

Notably, the filing date of the CPA itself is not included. As stated in the MPEP: “The front page of a printed patent issuing on a continued prosecution application (CPA) filed under 37 CFR 1.53(d) will identify the application number and filing date of the most recent noncontinued prosecution application (but not the filing date of the CPA) as well as all prior applications from which benefit was claimed in the most recent noncontinued prosecution application.” (MPEP 202)

No, the inclusion of prior application information in the patent does not necessarily indicate that the claims are entitled to the benefit of the earlier filing date.

See MPEP 2136.03 and MPEP 2154.01(b) for additional information.