Patent Law FAQ

How do I properly identify a foreign application when claiming priority in a U.S. patent application?

When claiming priority to a foreign application in a U.S. patent application, it’s crucial to provide accurate identification information. According to MPEP 214.01, you must include the following details:

• The application number of the foreign application
• The country or intellectual property authority where the foreign application was filed
• The day, month, and year of filing of the foreign application

The MPEP states: ‘The claim for priority must identify the foreign application for which priority is claimed by specifying the application number, country (or intellectual property authority), day, month, and year of its filing.’

Additionally, if you’re submitting a certified copy of the foreign application, ensure that it matches the identification information provided in your priority claim. Accurate identification is essential for establishing your priority rights and avoiding potential issues during examination or litigation.

To properly identify a foreign priority application in a U.S. patent application, you should provide:

• The application number
• The country or intellectual property authority
• The filing date (day, month, and year)

MPEP 214.04 advises: “To ensure an accurate and complete citation of a foreign priority application, applicants should review the list of the various intellectual property offices and the recommended presentation of a foreign application number for each, which can be found in the tables of the online WIPO Handbook on Industrial Property Information and Documentation.”

It’s important to use the format recommended by WIPO for the specific country to ensure accurate identification and processing of your priority claim.

To properly identify a foreign priority application in a U.S. patent application, you should provide:

• The application number
• The country or intellectual property authority
• The filing date (day, month, and year)

MPEP 214.04 advises: “To ensure an accurate and complete citation of a foreign priority application, applicants should review the list of the various intellectual property offices and the recommended presentation of a foreign application number for each, which can be found in the tables of the online WIPO Handbook on Industrial Property Information and Documentation.”

It’s important to use the format recommended by WIPO for the specific country to ensure accurate identification and processing of your priority claim.

How do I properly identify a foreign application when claiming priority in a U.S. patent application?

When claiming priority to a foreign application in a U.S. patent application, it’s crucial to provide accurate identification information. According to MPEP 214.01, you must include the following details:

• The application number of the foreign application
• The country or intellectual property authority where the foreign application was filed
• The day, month, and year of filing of the foreign application

The MPEP states: ‘The claim for priority must identify the foreign application for which priority is claimed by specifying the application number, country (or intellectual property authority), day, month, and year of its filing.’

Additionally, if you’re submitting a certified copy of the foreign application, ensure that it matches the identification information provided in your priority claim. Accurate identification is essential for establishing your priority rights and avoiding potential issues during examination or litigation.

To identify a national patent application in an assignment, you must use the application number. MPEP 302.03 states: “An assignment relating to a national patent application must identify the national patent application by the application number (consisting of the series code and the serial number; e.g., 07/123,456).” This format ensures accurate identification of the specific application being assigned.

To learn more:

• patent application assignment
• application identification
• application number

According to 37 CFR 3.21 and MPEP 302.03, a patent or application should be identified in an assignment document as follows:

• For a patent: Use the patent number
• For a national patent application: Use the application number (series code and serial number, e.g., 07/123,456)
• For an international patent application designating the U.S.: Use the international application number (e.g., PCT/US2012/012345)
• For an international design application designating the U.S.: Use either the international registration number or the U.S. application number

For applications not yet filed or without an assigned number:

• For a non-provisional application: Identify by inventor name(s) and the title of the invention
• For a provisional application: Identify by inventor name(s) and the title of the invention

MPEP 302.03 suggests: “It is suggested, however, that an assignment be written to allow entry of the identifying number after the execution of the assignment. An example of acceptable wording is: ‘I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.'”

According to 37 CFR 3.21, a patent assignment must identify the patent by patent number. For patent applications:

• National applications: Identify by application number (series code and serial number)
• International applications designating the US: Identify by international application number
• International design applications designating the US: Identify by international registration number or US application number

If the assignment is executed before filing but after the application is executed, it must identify the application by inventor name(s) and invention title. For provisional applications not yet filed, identify by inventor name(s) and invention title.

The MPEP suggests including language like: I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.

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

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

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

According to 37 CFR 3.21 and MPEP 302.03, a patent or application should be identified in an assignment document as follows:

• For a patent: Use the patent number
• For a national patent application: Use the application number (series code and serial number, e.g., 07/123,456)
• For an international patent application designating the U.S.: Use the international application number (e.g., PCT/US2012/012345)
• For an international design application designating the U.S.: Use either the international registration number or the U.S. application number

For applications not yet filed or without an assigned number:

• For a non-provisional application: Identify by inventor name(s) and the title of the invention
• For a provisional application: Identify by inventor name(s) and the title of the invention

MPEP 302.03 suggests: “It is suggested, however, that an assignment be written to allow entry of the identifying number after the execution of the assignment. An example of acceptable wording is: ‘I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.'”

According to 37 CFR 3.21, a patent assignment must identify the patent by patent number. For patent applications:

• National applications: Identify by application number (series code and serial number)
• International applications designating the US: Identify by international application number
• International design applications designating the US: Identify by international registration number or US application number

If the assignment is executed before filing but after the application is executed, it must identify the application by inventor name(s) and invention title. For provisional applications not yet filed, identify by inventor name(s) and invention title.

The MPEP suggests including language like: I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.

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

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

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

When filing patent correspondence, you should include the following identifying information:

• Application number (checked for accuracy, including series code and serial number)
• Art Unit number (copied from most recent Office communication)
• Filing date
• Name of the examiner who prepared the most recent Office action
• Title of invention
• Confirmation number

As stated in 37 CFR 1.5(a): ‘When correspondence directed to the Patent and Trademark Office concerns a previously filed application for a patent, it must identify on the top page in a conspicuous location, the application number (consisting of the series code and the serial number; e.g., 07/123,456), or the serial number and filing date assigned to that application by the Patent and Trademark Office, or the international application number of the international application, or the international registration number of an international design application.’

When filing patent correspondence, you should include the following identifying information:

• Application number (checked for accuracy, including series code and serial number)
• Art Unit number (copied from most recent Office communication)
• Filing date
• Name of the examiner who prepared the most recent Office action
• Title of invention
• Confirmation number

As stated in 37 CFR 1.5(a): ‘When correspondence directed to the Patent and Trademark Office concerns a previously filed application for a patent, it must identify on the top page in a conspicuous location, the application number (consisting of the series code and the serial number; e.g., 07/123,456), or the serial number and filing date assigned to that application by the Patent and Trademark Office, or the international application number of the international application, or the international registration number of an international design application.’

To properly identify a foreign priority application in a U.S. patent application, you should provide:

• The application number
• The country or intellectual property authority
• The filing date (day, month, and year)

MPEP 214.04 advises: “To ensure an accurate and complete citation of a foreign priority application, applicants should review the list of the various intellectual property offices and the recommended presentation of a foreign application number for each, which can be found in the tables of the online WIPO Handbook on Industrial Property Information and Documentation.”

It’s important to use the format recommended by WIPO for the specific country to ensure accurate identification and processing of your priority claim.

To identify a national patent application in an assignment, you must use the application number. MPEP 302.03 states: “An assignment relating to a national patent application must identify the national patent application by the application number (consisting of the series code and the serial number; e.g., 07/123,456).” This format ensures accurate identification of the specific application being assigned.

To learn more:

• patent application assignment
• application identification
• application number

An inventor’s oath or declaration must properly identify the application to which it is directed. The MPEP provides several acceptable methods for identification:

1. For oaths/declarations filed on the application filing date:
   • Inventor name(s) and reference to an attached specification
   • Inventor name(s) and attorney docket number from the specification
   • Inventor name(s) and title of the invention from the specification
2. For oaths/declarations filed after the filing date:
   • Application number (series code and serial number)
   • Serial number and filing date
   • International application number
   • International registration number (for design applications)
   • Attorney docket number from the specification
   • Title of the invention with reference to an attached specification
   • Title of the invention with a cover letter identifying the application

The MPEP states: “37 CFR 1.63 requires that an oath or declaration identify the application (e.g., specification and drawings) to which it is directed.”

It’s important to accurately identify the application to ensure the oath or declaration is properly associated with the correct application and to prevent potential abandonment issues.

To learn more:

• inventor oath
• inventor declaration
• application identification

According to 37 CFR 3.21 and MPEP 302.03, a patent or application should be identified in an assignment document as follows:

• For a patent: Use the patent number
• For a national patent application: Use the application number (series code and serial number, e.g., 07/123,456)
• For an international patent application designating the U.S.: Use the international application number (e.g., PCT/US2012/012345)
• For an international design application designating the U.S.: Use either the international registration number or the U.S. application number

For applications not yet filed or without an assigned number:

• For a non-provisional application: Identify by inventor name(s) and the title of the invention
• For a provisional application: Identify by inventor name(s) and the title of the invention

MPEP 302.03 suggests: “It is suggested, however, that an assignment be written to allow entry of the identifying number after the execution of the assignment. An example of acceptable wording is: ‘I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.'”

When filing patent correspondence, you should include the following identifying information:

• Application number (checked for accuracy, including series code and serial number)
• Art Unit number (copied from most recent Office communication)
• Filing date
• Name of the examiner who prepared the most recent Office action
• Title of invention
• Confirmation number

As stated in 37 CFR 1.5(a): ‘When correspondence directed to the Patent and Trademark Office concerns a previously filed application for a patent, it must identify on the top page in a conspicuous location, the application number (consisting of the series code and the serial number; e.g., 07/123,456), or the serial number and filing date assigned to that application by the Patent and Trademark Office, or the international application number of the international application, or the international registration number of an international design application.’

According to 37 CFR 3.21, a patent assignment must identify the patent by patent number. For patent applications:

• National applications: Identify by application number (series code and serial number)
• International applications designating the US: Identify by international application number
• International design applications designating the US: Identify by international registration number or US application number

If the assignment is executed before filing but after the application is executed, it must identify the application by inventor name(s) and invention title. For provisional applications not yet filed, identify by inventor name(s) and invention title.

The MPEP suggests including language like: I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.

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

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

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

How do I properly identify a foreign application when claiming priority in a U.S. patent application?

When claiming priority to a foreign application in a U.S. patent application, it’s crucial to provide accurate identification information. According to MPEP 214.01, you must include the following details:

• The application number of the foreign application
• The country or intellectual property authority where the foreign application was filed
• The day, month, and year of filing of the foreign application

The MPEP states: ‘The claim for priority must identify the foreign application for which priority is claimed by specifying the application number, country (or intellectual property authority), day, month, and year of its filing.’

Additionally, if you’re submitting a certified copy of the foreign application, ensure that it matches the identification information provided in your priority claim. Accurate identification is essential for establishing your priority rights and avoiding potential issues during examination or litigation.

For oaths or declarations filed after the application filing date, MPEP 602.08(c) provides several acceptable methods for identifying the application:

• Application number (series code and serial number, e.g., 08/123,456)
• Serial number and filing date
• International application number
• International registration number for design applications
• Attorney docket number on the original specification
• Title of the invention from the original specification, with reference to an attached specification
• Title of the invention from the original specification, with a cover letter identifying the application

The MPEP emphasizes that Absent any statement(s) to the contrary, it will be presumed that the application filed in the USPTO is the application which the inventor(s) executed by signing the oath or declaration. This presumption helps ensure proper association of documents with the correct application.

To learn more:

• patent application
• oath
• declaration
• late filing
• application identification

To properly identify a foreign priority application in a U.S. patent application, you should provide:

• The application number
• The country or intellectual property authority
• The filing date (day, month, and year)

MPEP 214.04 advises: “To ensure an accurate and complete citation of a foreign priority application, applicants should review the list of the various intellectual property offices and the recommended presentation of a foreign application number for each, which can be found in the tables of the online WIPO Handbook on Industrial Property Information and Documentation.”

It’s important to use the format recommended by WIPO for the specific country to ensure accurate identification and processing of your priority claim.

To identify a national patent application in an assignment, you must use the application number. MPEP 302.03 states: “An assignment relating to a national patent application must identify the national patent application by the application number (consisting of the series code and the serial number; e.g., 07/123,456).” This format ensures accurate identification of the specific application being assigned.

To learn more:

• patent application assignment
• application identification
• application number

An inventor’s oath or declaration must properly identify the application to which it is directed. The MPEP provides several acceptable methods for identification:

1. For oaths/declarations filed on the application filing date:
   • Inventor name(s) and reference to an attached specification
   • Inventor name(s) and attorney docket number from the specification
   • Inventor name(s) and title of the invention from the specification
2. For oaths/declarations filed after the filing date:
   • Application number (series code and serial number)
   • Serial number and filing date
   • International application number
   • International registration number (for design applications)
   • Attorney docket number from the specification
   • Title of the invention with reference to an attached specification
   • Title of the invention with a cover letter identifying the application

The MPEP states: “37 CFR 1.63 requires that an oath or declaration identify the application (e.g., specification and drawings) to which it is directed.”

It’s important to accurately identify the application to ensure the oath or declaration is properly associated with the correct application and to prevent potential abandonment issues.

To learn more:

• inventor oath
• inventor declaration
• application identification

According to 37 CFR 3.21 and MPEP 302.03, a patent or application should be identified in an assignment document as follows:

• For a patent: Use the patent number
• For a national patent application: Use the application number (series code and serial number, e.g., 07/123,456)
• For an international patent application designating the U.S.: Use the international application number (e.g., PCT/US2012/012345)
• For an international design application designating the U.S.: Use either the international registration number or the U.S. application number

For applications not yet filed or without an assigned number:

• For a non-provisional application: Identify by inventor name(s) and the title of the invention
• For a provisional application: Identify by inventor name(s) and the title of the invention

MPEP 302.03 suggests: “It is suggested, however, that an assignment be written to allow entry of the identifying number after the execution of the assignment. An example of acceptable wording is: ‘I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.'”

When filing patent correspondence, you should include the following identifying information:

• Application number (checked for accuracy, including series code and serial number)
• Art Unit number (copied from most recent Office communication)
• Filing date
• Name of the examiner who prepared the most recent Office action
• Title of invention
• Confirmation number

As stated in 37 CFR 1.5(a): ‘When correspondence directed to the Patent and Trademark Office concerns a previously filed application for a patent, it must identify on the top page in a conspicuous location, the application number (consisting of the series code and the serial number; e.g., 07/123,456), or the serial number and filing date assigned to that application by the Patent and Trademark Office, or the international application number of the international application, or the international registration number of an international design application.’

According to 37 CFR 3.21, a patent assignment must identify the patent by patent number. For patent applications:

• National applications: Identify by application number (series code and serial number)
• International applications designating the US: Identify by international application number
• International design applications designating the US: Identify by international registration number or US application number

If the assignment is executed before filing but after the application is executed, it must identify the application by inventor name(s) and invention title. For provisional applications not yet filed, identify by inventor name(s) and invention title.

The MPEP suggests including language like: I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.

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

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

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

How do I properly identify a foreign application when claiming priority in a U.S. patent application?

When claiming priority to a foreign application in a U.S. patent application, it’s crucial to provide accurate identification information. According to MPEP 214.01, you must include the following details:

• The application number of the foreign application
• The country or intellectual property authority where the foreign application was filed
• The day, month, and year of filing of the foreign application

The MPEP states: ‘The claim for priority must identify the foreign application for which priority is claimed by specifying the application number, country (or intellectual property authority), day, month, and year of its filing.’

Additionally, if you’re submitting a certified copy of the foreign application, ensure that it matches the identification information provided in your priority claim. Accurate identification is essential for establishing your priority rights and avoiding potential issues during examination or litigation.

For oaths or declarations filed after the application filing date, MPEP 602.08(c) provides several acceptable methods for identifying the application:

• Application number (series code and serial number, e.g., 08/123,456)
• Serial number and filing date
• International application number
• International registration number for design applications
• Attorney docket number on the original specification
• Title of the invention from the original specification, with reference to an attached specification
• Title of the invention from the original specification, with a cover letter identifying the application

The MPEP emphasizes that Absent any statement(s) to the contrary, it will be presumed that the application filed in the USPTO is the application which the inventor(s) executed by signing the oath or declaration. This presumption helps ensure proper association of documents with the correct application.

To learn more:

• patent application
• oath
• declaration
• late filing
• application identification