Patent Law FAQ

Yes, there is one exception. A suspended or excluded patent attorney or agent can inspect an application if they are the inventor or applicant of that particular application. The MPEP clarifies:

USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application unless it is one in which said attorney or agent is an inventor or the applicant.

So while suspended or excluded practitioners generally cannot inspect applications, they can still access ones in which they are directly involved as the inventor or applicant.

Yes, there are exceptions to the standard time limits for filing foreign priority claims, particularly for design patent applications and certain applications filed before November 29, 2000. According to 37 CFR 1.55(d)(1):

The time periods in this paragraph do not apply if the later-filed application is:
(i) An application for a design patent; or
(ii) An application filed under 35 U.S.C. 111(a) before November 29, 2000.

For design patent applications, the MPEP states:

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).

This means that for design patent applications, you can file a foreign priority claim at any time while the application is pending, without being restricted by the usual time limits.

For applications filed under 35 U.S.C. 111(a) before November 29, 2000, different rules may apply, and it’s best to consult with a patent attorney or the USPTO directly for guidance on such cases.

It’s important to note that while these exceptions exist, it’s generally advisable to file priority claims as early as possible to ensure they are properly recorded and considered.

Yes, there are exceptions to the standard time limits for filing foreign priority claims, particularly for design patent applications and certain applications filed before November 29, 2000. According to 37 CFR 1.55(d)(1):

The time periods in this paragraph do not apply if the later-filed application is:
(i) An application for a design patent; or
(ii) An application filed under 35 U.S.C. 111(a) before November 29, 2000.

For design patent applications, the MPEP states:

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).

This means that for design patent applications, you can file a foreign priority claim at any time while the application is pending, without being restricted by the usual time limits.

For applications filed under 35 U.S.C. 111(a) before November 29, 2000, different rules may apply, and it’s best to consult with a patent attorney or the USPTO directly for guidance on such cases.

It’s important to note that while these exceptions exist, it’s generally advisable to file priority claims as early as possible to ensure they are properly recorded and considered.

Yes, there are exceptions to the standard time limits for filing foreign priority claims, particularly for design patent applications and certain applications filed before November 29, 2000. According to 37 CFR 1.55(d)(1):

The time periods in this paragraph do not apply if the later-filed application is:
(i) An application for a design patent; or
(ii) An application filed under 35 U.S.C. 111(a) before November 29, 2000.

For design patent applications, the MPEP states:

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).

This means that for design patent applications, you can file a foreign priority claim at any time while the application is pending, without being restricted by the usual time limits.

For applications filed under 35 U.S.C. 111(a) before November 29, 2000, different rules may apply, and it’s best to consult with a patent attorney or the USPTO directly for guidance on such cases.

It’s important to note that while these exceptions exist, it’s generally advisable to file priority claims as early as possible to ensure they are properly recorded and considered.

Yes, there is one exception. A suspended or excluded patent attorney or agent can inspect an application if they are the inventor or applicant of that particular application. The MPEP clarifies:

USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application unless it is one in which said attorney or agent is an inventor or the applicant.

So while suspended or excluded practitioners generally cannot inspect applications, they can still access ones in which they are directly involved as the inventor or applicant.

Yes, there are exceptions to the standard time limits for filing foreign priority claims, particularly for design patent applications and certain applications filed before November 29, 2000. According to 37 CFR 1.55(d)(1):

The time periods in this paragraph do not apply if the later-filed application is:
(i) An application for a design patent; or
(ii) An application filed under 35 U.S.C. 111(a) before November 29, 2000.

For design patent applications, the MPEP states:

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).

This means that for design patent applications, you can file a foreign priority claim at any time while the application is pending, without being restricted by the usual time limits.

For applications filed under 35 U.S.C. 111(a) before November 29, 2000, different rules may apply, and it’s best to consult with a patent attorney or the USPTO directly for guidance on such cases.

It’s important to note that while these exceptions exist, it’s generally advisable to file priority claims as early as possible to ensure they are properly recorded and considered.