Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 200 - Types and Status of Application; Benefit and Priority (1)
Proper identification of foreign priority applications is particularly important for electronic priority document exchange programs. The MPEP emphasizes this point:
Proper identification of priority applications is essential to establishing accurate and complete relationships among various patent documents, especially in the context of electronic priority document exchange programs
The impact on electronic priority document exchange programs includes:
- Facilitating accurate matching of priority documents with corresponding applications
- Ensuring efficient retrieval and processing of priority documents
- Reducing errors and delays in the priority document exchange process
- Supporting the integrity of international patent filing systems
Accurate identification helps streamline the electronic exchange process, benefiting both applicants and patent offices involved in international patent procedures.
To learn more:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims (2)
If the applicant files the certified copy of the foreign application to overcome the effective date of a reference, a translation is required if the copy is not in English.
The examiner should require the translation when requesting the certified copy. The translation must be a complete translation of the certified copy, and must be accompanied by a statement that the translation is accurate. [MPEP 216]
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.
MPEP 202-Cross-Noting (1)
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.
MPEP 216 - Entitlement to Priority (1)
If the applicant files the certified copy of the foreign application to overcome the effective date of a reference, a translation is required if the copy is not in English.
The examiner should require the translation when requesting the certified copy. The translation must be a complete translation of the certified copy, and must be accompanied by a statement that the translation is accurate. [MPEP 216]
Patent Law (3)
If the applicant files the certified copy of the foreign application to overcome the effective date of a reference, a translation is required if the copy is not in English.
The examiner should require the translation when requesting the certified copy. The translation must be a complete translation of the certified copy, and must be accompanied by a statement that the translation is accurate. [MPEP 216]
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.
Proper identification of foreign priority applications is particularly important for electronic priority document exchange programs. The MPEP emphasizes this point:
Proper identification of priority applications is essential to establishing accurate and complete relationships among various patent documents, especially in the context of electronic priority document exchange programs
The impact on electronic priority document exchange programs includes:
- Facilitating accurate matching of priority documents with corresponding applications
- Ensuring efficient retrieval and processing of priority documents
- Reducing errors and delays in the priority document exchange process
- Supporting the integrity of international patent filing systems
Accurate identification helps streamline the electronic exchange process, benefiting both applicants and patent offices involved in international patent procedures.
To learn more:
Patent Procedure (3)
If the applicant files the certified copy of the foreign application to overcome the effective date of a reference, a translation is required if the copy is not in English.
The examiner should require the translation when requesting the certified copy. The translation must be a complete translation of the certified copy, and must be accompanied by a statement that the translation is accurate. [MPEP 216]
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.
Proper identification of foreign priority applications is particularly important for electronic priority document exchange programs. The MPEP emphasizes this point:
Proper identification of priority applications is essential to establishing accurate and complete relationships among various patent documents, especially in the context of electronic priority document exchange programs
The impact on electronic priority document exchange programs includes:
- Facilitating accurate matching of priority documents with corresponding applications
- Ensuring efficient retrieval and processing of priority documents
- Reducing errors and delays in the priority document exchange process
- Supporting the integrity of international patent filing systems
Accurate identification helps streamline the electronic exchange process, benefiting both applicants and patent offices involved in international patent procedures.
To learn more: