Patent Law FAQ

For utility or plant applications filed under 35 U.S.C. 111(a), the benefit claim must be made during the pendency of the application and within the later of:

• Four months from the actual filing date of the later-filed application, or
• Sixteen months from the filing date of the prior-filed application

As stated in the MPEP: If the application is a utility or plant application filed under 35 U.S.C. 111(a), the benefit claim of the prior application under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) must be made during the pendency of the application and within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior-filed application.

To learn more:

• benefit claim
• time limit
• utility application
• plant application
• 35 U.S.C. 111(a)

To learn more:

• 35 U.S.C. 111(a)

The time limit for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on time limit, visit: time limit.

The time limit for claiming benefit of a prior application depends on the type of application:

• For utility or plant applications filed under 35 U.S.C. 111(a), the benefit claim must be made within the later of:
  • Four months from the actual filing date of the later-filed application, or
  • Sixteen months from the filing date of the prior-filed application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c) unless a petition to accept an unintentionally delayed benefit claim is granted.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on time limit, visit: time limit.

35 U.S.C. 111(a) and (b) are important sections of the patent law that define two different types of national patent applications. According to MPEP 201.01:

‘National applications may be filed under 35 U.S.C. 111(a) or (b), 161, or 171.’

To elaborate:

• 35 U.S.C. 111(a) refers to nonprovisional applications. These are full patent applications that can potentially result in an issued patent.
• 35 U.S.C. 111(b) refers to provisional applications. These are simplified applications that establish a priority date but do not themselves result in an issued patent.

The choice between filing under 111(a) or 111(b) depends on the inventor’s strategy and readiness to pursue full patent protection. Provisional applications (111(b)) provide a way to quickly establish a priority date, while nonprovisional applications (111(a)) begin the formal examination process.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

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

For more information on provisional application, visit: provisional 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 not require claims and are not examined on their merits.

The key differences are:

1. Examination: 111(a) applications undergo full examination, while 111(b) applications do not.
2. Duration: 111(a) applications can lead to granted patents, while 111(b) applications expire after 12 months.
3. Requirements: 111(a) applications have stricter formal requirements, including the need for claims.

Inventors often use 111(b) provisional applications to establish an early filing date before filing a more comprehensive 111(a) nonprovisional application.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

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

For more information on patent application types, visit: patent application types.

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

The deadline for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on filing deadline, visit: filing deadline.

For more information on national stage application, visit: national stage application.

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 U.S.C. 111(a).”

This type of application is the most common form of patent application filed with the USPTO. It requires a detailed description of the invention, claims defining the scope of protection sought, and often includes drawings to illustrate the invention. Regular utility applications undergo a thorough examination process to determine if they meet the requirements for patentability.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on Non-provisional application, visit: Non-provisional 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 with 35 U.S.C. 371, or a reissue application filed under 35 U.S.C. 251.’

This definition encompasses three main categories:

1. Applications filed directly with the USPTO under 35 U.S.C. 111(a)
2. International applications that have entered the national stage in the U.S. after complying with 35 U.S.C. 371
3. Reissue applications filed under 35 U.S.C. 251

Understanding this definition is crucial for patent applicants and practitioners to determine the appropriate filing procedures and requirements for their inventions.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on USPTO, visit: USPTO.

Yes, a divisional or continuation application can claim benefit from multiple prior applications. The MPEP 201.06(c) states:

‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (A) a copy of the prior application as filed; and (B) a new specification, claim or claims and drawings, where applicable.’

This provision allows for claiming benefit from multiple prior applications by following the correct procedures. It’s crucial to ensure that the chain of priority is properly maintained and that all necessary documents and declarations are filed.

To learn more:

• divisional application
• continuation application
• multiple prior applications
• benefit claim
• 35 U.S.C. 111(a)
• 37 CFR 1.53(b)

To learn more:

• 35 U.S.C. 111(a)
• 37 CFR 1.53(b)

Can a CPA be filed in a provisional application?

No, a Continued Prosecution Application (CPA) cannot be filed in a provisional application. The MPEP 201.06(d) clearly states:

A continuation or divisional application may be filed under 37 CFR 1.53(d) if the prior application is a design application, but not an international design application, that is complete as defined by 37 CFR 1.51(b), except for the inventor’s oath or declaration if the application is filed on or after September 16, 2012, and the prior application was filed under 35 U.S.C. 111(a).

This means that CPAs are limited to design applications filed under 35 U.S.C. 111(a). Provisional applications, which are filed under 35 U.S.C. 111(b), are not eligible for CPA filing.

To learn more:

• CPA
• provisional application
• design application
• 35 U.S.C. 111(a)
• 35 U.S.C. 111(b)

To learn more:

• 35 U.S.C. 111(a)
• 35 U.S.C. 111(b)

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 from the filing date of the prior foreign application. See 37 CFR 1.55(d)(1).
• For applications entering the national stage under 35 U.S.C. 371, the claim must be made within the time limit set in the PCT and Regulations under the PCT. See 37 CFR 1.55(d)(2) and MPEP § 213.06.
• In a design application, a claim for priority may be made at any time during the pendency of the application. See 37 CFR 1.55(g).

35 U.S.C. 111(a) and (b) are important sections of the patent law that define two different types of national patent applications. According to MPEP 201.01:

‘National applications may be filed under 35 U.S.C. 111(a) or (b), 161, or 171.’

To elaborate:

• 35 U.S.C. 111(a) refers to nonprovisional applications. These are full patent applications that can potentially result in an issued patent.
• 35 U.S.C. 111(b) refers to provisional applications. These are simplified applications that establish a priority date but do not themselves result in an issued patent.

The choice between filing under 111(a) or 111(b) depends on the inventor’s strategy and readiness to pursue full patent protection. Provisional applications (111(b)) provide a way to quickly establish a priority date, while nonprovisional applications (111(a)) begin the formal examination process.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

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

For more information on provisional application, visit: provisional 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 not require claims and are not examined on their merits.

The key differences are:

1. Examination: 111(a) applications undergo full examination, while 111(b) applications do not.
2. Duration: 111(a) applications can lead to granted patents, while 111(b) applications expire after 12 months.
3. Requirements: 111(a) applications have stricter formal requirements, including the need for claims.

Inventors often use 111(b) provisional applications to establish an early filing date before filing a more comprehensive 111(a) nonprovisional application.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

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

For more information on patent application types, visit: patent application types.

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

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 U.S.C. 111(a).”

This type of application is the most common form of patent application filed with the USPTO. It requires a detailed description of the invention, claims defining the scope of protection sought, and often includes drawings to illustrate the invention. Regular utility applications undergo a thorough examination process to determine if they meet the requirements for patentability.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on Non-provisional application, visit: Non-provisional 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 with 35 U.S.C. 371, or a reissue application filed under 35 U.S.C. 251.’

This definition encompasses three main categories:

1. Applications filed directly with the USPTO under 35 U.S.C. 111(a)
2. International applications that have entered the national stage in the U.S. after complying with 35 U.S.C. 371
3. Reissue applications filed under 35 U.S.C. 251

Understanding this definition is crucial for patent applicants and practitioners to determine the appropriate filing procedures and requirements for their inventions.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on USPTO, visit: USPTO.

The time limit for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on time limit, visit: time limit.

The time limit for claiming benefit of a prior application depends on the type of application:

• For utility or plant applications filed under 35 U.S.C. 111(a), the benefit claim must be made within the later of:
  • Four months from the actual filing date of the later-filed application, or
  • Sixteen months from the filing date of the prior-filed application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c) unless a petition to accept an unintentionally delayed benefit claim is granted.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on time limit, visit: time limit.

The deadline for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on filing deadline, visit: filing deadline.

For more information on national stage application, visit: national stage 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 from the filing date of the prior foreign application. See 37 CFR 1.55(d)(1).
• For applications entering the national stage under 35 U.S.C. 371, the claim must be made within the time limit set in the PCT and Regulations under the PCT. See 37 CFR 1.55(d)(2) and MPEP § 213.06.
• In a design application, a claim for priority may be made at any time during the pendency of the application. See 37 CFR 1.55(g).

For utility or plant applications filed under 35 U.S.C. 111(a), the benefit claim must be made during the pendency of the application and within the later of:

• Four months from the actual filing date of the later-filed application, or
• Sixteen months from the filing date of the prior-filed application

As stated in the MPEP: If the application is a utility or plant application filed under 35 U.S.C. 111(a), the benefit claim of the prior application under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) must be made during the pendency of the application and within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior-filed application.

To learn more:

• benefit claim
• time limit
• utility application
• plant application
• 35 U.S.C. 111(a)

To learn more:

• 35 U.S.C. 111(a)

The time limit for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on time limit, visit: time limit.

The time limit for claiming benefit of a prior application depends on the type of application:

• For utility or plant applications filed under 35 U.S.C. 111(a), the benefit claim must be made within the later of:
  • Four months from the actual filing date of the later-filed application, or
  • Sixteen months from the filing date of the prior-filed application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c) unless a petition to accept an unintentionally delayed benefit claim is granted.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on time limit, visit: time limit.

35 U.S.C. 111(a) and (b) are important sections of the patent law that define two different types of national patent applications. According to MPEP 201.01:

‘National applications may be filed under 35 U.S.C. 111(a) or (b), 161, or 171.’

To elaborate:

• 35 U.S.C. 111(a) refers to nonprovisional applications. These are full patent applications that can potentially result in an issued patent.
• 35 U.S.C. 111(b) refers to provisional applications. These are simplified applications that establish a priority date but do not themselves result in an issued patent.

The choice between filing under 111(a) or 111(b) depends on the inventor’s strategy and readiness to pursue full patent protection. Provisional applications (111(b)) provide a way to quickly establish a priority date, while nonprovisional applications (111(a)) begin the formal examination process.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

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

For more information on provisional application, visit: provisional 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 not require claims and are not examined on their merits.

The key differences are:

1. Examination: 111(a) applications undergo full examination, while 111(b) applications do not.
2. Duration: 111(a) applications can lead to granted patents, while 111(b) applications expire after 12 months.
3. Requirements: 111(a) applications have stricter formal requirements, including the need for claims.

Inventors often use 111(b) provisional applications to establish an early filing date before filing a more comprehensive 111(a) nonprovisional application.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

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

For more information on patent application types, visit: patent application types.

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

The deadline for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on filing deadline, visit: filing deadline.

For more information on national stage application, visit: national stage application.

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 U.S.C. 111(a).”

This type of application is the most common form of patent application filed with the USPTO. It requires a detailed description of the invention, claims defining the scope of protection sought, and often includes drawings to illustrate the invention. Regular utility applications undergo a thorough examination process to determine if they meet the requirements for patentability.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on Non-provisional application, visit: Non-provisional 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 from the filing date of the prior foreign application. See 37 CFR 1.55(d)(1).
• For applications entering the national stage under 35 U.S.C. 371, the claim must be made within the time limit set in the PCT and Regulations under the PCT. See 37 CFR 1.55(d)(2) and MPEP § 213.06.
• In a design application, a claim for priority may be made at any time during the pendency of the application. See 37 CFR 1.55(g).

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 CFR 1.53(b) and 37 CFR 1.53(d). For applications filed on or after December 18, 2013, the filing date is generally the date when the specification is received by the USPTO, with or without claims.

To learn more:

• nonprovisional application
• filing requirements
• 35 U.S.C. 111(a)
• patent application

To learn more:

• 35 U.S.C. 111(a)

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 with 35 U.S.C. 371, or a reissue application filed under 35 U.S.C. 251.’

This definition encompasses three main categories:

1. Applications filed directly with the USPTO under 35 U.S.C. 111(a)
2. International applications that have entered the national stage in the U.S. after complying with 35 U.S.C. 371
3. Reissue applications filed under 35 U.S.C. 251

Understanding this definition is crucial for patent applicants and practitioners to determine the appropriate filing procedures and requirements for their inventions.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on USPTO, visit: USPTO.

Yes, a divisional or continuation application can claim benefit from multiple prior applications. The MPEP 201.06(c) states:

‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (A) a copy of the prior application as filed; and (B) a new specification, claim or claims and drawings, where applicable.’

This provision allows for claiming benefit from multiple prior applications by following the correct procedures. It’s crucial to ensure that the chain of priority is properly maintained and that all necessary documents and declarations are filed.

To learn more:

• divisional application
• continuation application
• multiple prior applications
• benefit claim
• 35 U.S.C. 111(a)
• 37 CFR 1.53(b)

To learn more:

• 35 U.S.C. 111(a)
• 37 CFR 1.53(b)

Can a CPA be filed in a provisional application?

No, a Continued Prosecution Application (CPA) cannot be filed in a provisional application. The MPEP 201.06(d) clearly states:

A continuation or divisional application may be filed under 37 CFR 1.53(d) if the prior application is a design application, but not an international design application, that is complete as defined by 37 CFR 1.51(b), except for the inventor’s oath or declaration if the application is filed on or after September 16, 2012, and the prior application was filed under 35 U.S.C. 111(a).

This means that CPAs are limited to design applications filed under 35 U.S.C. 111(a). Provisional applications, which are filed under 35 U.S.C. 111(b), are not eligible for CPA filing.

To learn more:

• CPA
• provisional application
• design application
• 35 U.S.C. 111(a)
• 35 U.S.C. 111(b)

To learn more:

• 35 U.S.C. 111(a)
• 35 U.S.C. 111(b)

For utility or plant applications filed under 35 U.S.C. 111(a), the benefit claim must be made during the pendency of the application and within the later of:

• Four months from the actual filing date of the later-filed application, or
• Sixteen months from the filing date of the prior-filed application

As stated in the MPEP: If the application is a utility or plant application filed under 35 U.S.C. 111(a), the benefit claim of the prior application under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) must be made during the pendency of the application and within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior-filed application.

To learn more:

• benefit claim
• time limit
• utility application
• plant application
• 35 U.S.C. 111(a)

To learn more:

• 35 U.S.C. 111(a)

The time limit for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on time limit, visit: time limit.

The time limit for claiming benefit of a prior application depends on the type of application:

• For utility or plant applications filed under 35 U.S.C. 111(a), the benefit claim must be made within the later of:
  • Four months from the actual filing date of the later-filed application, or
  • Sixteen months from the filing date of the prior-filed application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c) unless a petition to accept an unintentionally delayed benefit claim is granted.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on time limit, visit: time limit.

35 U.S.C. 111(a) and (b) are important sections of the patent law that define two different types of national patent applications. According to MPEP 201.01:

‘National applications may be filed under 35 U.S.C. 111(a) or (b), 161, or 171.’

To elaborate:

• 35 U.S.C. 111(a) refers to nonprovisional applications. These are full patent applications that can potentially result in an issued patent.
• 35 U.S.C. 111(b) refers to provisional applications. These are simplified applications that establish a priority date but do not themselves result in an issued patent.

The choice between filing under 111(a) or 111(b) depends on the inventor’s strategy and readiness to pursue full patent protection. Provisional applications (111(b)) provide a way to quickly establish a priority date, while nonprovisional applications (111(a)) begin the formal examination process.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

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

For more information on provisional application, visit: provisional 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 not require claims and are not examined on their merits.

The key differences are:

1. Examination: 111(a) applications undergo full examination, while 111(b) applications do not.
2. Duration: 111(a) applications can lead to granted patents, while 111(b) applications expire after 12 months.
3. Requirements: 111(a) applications have stricter formal requirements, including the need for claims.

Inventors often use 111(b) provisional applications to establish an early filing date before filing a more comprehensive 111(a) nonprovisional application.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

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

For more information on patent application types, visit: patent application types.

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

The deadline for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on filing deadline, visit: filing deadline.

For more information on national stage application, visit: national stage application.

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 U.S.C. 111(a).”

This type of application is the most common form of patent application filed with the USPTO. It requires a detailed description of the invention, claims defining the scope of protection sought, and often includes drawings to illustrate the invention. Regular utility applications undergo a thorough examination process to determine if they meet the requirements for patentability.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on Non-provisional application, visit: Non-provisional 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 from the filing date of the prior foreign application. See 37 CFR 1.55(d)(1).
• For applications entering the national stage under 35 U.S.C. 371, the claim must be made within the time limit set in the PCT and Regulations under the PCT. See 37 CFR 1.55(d)(2) and MPEP § 213.06.
• In a design application, a claim for priority may be made at any time during the pendency of the application. See 37 CFR 1.55(g).

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 CFR 1.53(b) and 37 CFR 1.53(d). For applications filed on or after December 18, 2013, the filing date is generally the date when the specification is received by the USPTO, with or without claims.

To learn more:

• nonprovisional application
• filing requirements
• 35 U.S.C. 111(a)
• patent application

To learn more:

• 35 U.S.C. 111(a)

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 with 35 U.S.C. 371, or a reissue application filed under 35 U.S.C. 251.’

This definition encompasses three main categories:

1. Applications filed directly with the USPTO under 35 U.S.C. 111(a)
2. International applications that have entered the national stage in the U.S. after complying with 35 U.S.C. 371
3. Reissue applications filed under 35 U.S.C. 251

Understanding this definition is crucial for patent applicants and practitioners to determine the appropriate filing procedures and requirements for their inventions.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on USPTO, visit: USPTO.

Yes, a divisional or continuation application can claim benefit from multiple prior applications. The MPEP 201.06(c) states:

‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (A) a copy of the prior application as filed; and (B) a new specification, claim or claims and drawings, where applicable.’

This provision allows for claiming benefit from multiple prior applications by following the correct procedures. It’s crucial to ensure that the chain of priority is properly maintained and that all necessary documents and declarations are filed.

To learn more:

• divisional application
• continuation application
• multiple prior applications
• benefit claim
• 35 U.S.C. 111(a)
• 37 CFR 1.53(b)

To learn more:

• 35 U.S.C. 111(a)
• 37 CFR 1.53(b)

Can a CPA be filed in a provisional application?

No, a Continued Prosecution Application (CPA) cannot be filed in a provisional application. The MPEP 201.06(d) clearly states:

A continuation or divisional application may be filed under 37 CFR 1.53(d) if the prior application is a design application, but not an international design application, that is complete as defined by 37 CFR 1.51(b), except for the inventor’s oath or declaration if the application is filed on or after September 16, 2012, and the prior application was filed under 35 U.S.C. 111(a).

This means that CPAs are limited to design applications filed under 35 U.S.C. 111(a). Provisional applications, which are filed under 35 U.S.C. 111(b), are not eligible for CPA filing.

To learn more:

• CPA
• provisional application
• design application
• 35 U.S.C. 111(a)
• 35 U.S.C. 111(b)

To learn more:

• 35 U.S.C. 111(a)
• 35 U.S.C. 111(b)