Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 200 – Types and Status of Application; Benefit and Priority Claims (1)
According to 37 CFR 1.9(a)(1), a national application is defined as:
- A U.S. application for patent filed in the USPTO under 35 U.S.C. 111
- An international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid
- An international design application filed under the Hague Agreement in which the USPTO has received a copy of the international registration pursuant to Hague Agreement Article 10
This definition encompasses various types of patent applications that are treated as national applications by the USPTO.
MPEP 201 – Types of Applications (1)
According to 37 CFR 1.9(a)(1), a national application is defined as:
- A U.S. application for patent filed in the USPTO under 35 U.S.C. 111
- An international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid
- An international design application filed under the Hague Agreement in which the USPTO has received a copy of the international registration pursuant to Hague Agreement Article 10
This definition encompasses various types of patent applications that are treated as national applications by the USPTO.
MPEP 2900 – International Design Applications (3)
Information Disclosure Statement (IDS) requirements for international design applications designating the United States are similar to those for domestic national applications:
- The duty to disclose information material to patentability applies to individuals associated with the filing and prosecution of the application.
- An IDS must adhere to the requirements set forth in 37 CFR 1.97, 1.98, and 1.33(b) for consideration by the examiner.
- An IDS filed within three months of the publication date of the international registration will be considered by the Office under 37 CFR 1.97(b)(5).
- IDSs filed after this period may be considered as provided in 37 CFR 1.97.
As stated in the MPEP: An international design application designating the United States has the effect of a U.S. patent application and thus is subject to 37 CFR 1.56.
To learn more:
The procedure for seeking relief from prescribed time limits in international design applications is outlined in 37 CFR 1.1051. This procedure allows applicants to excuse unintentional delays in meeting time limits under the Hague Agreement for requirements related to international design applications.
The key components of this procedure include:
- Filing a petition with the USPTO
- Providing necessary documentation
- Paying required fees
- Submitting a statement of unintentional delay
- Filing a terminal disclaimer in certain cases
As stated in the MPEP: “Pursuant to 35 U.S.C. 387, 37 CFR 1.1051 sets forth a petition procedure to excuse, with respect to the United States, an applicant’s failure to act within prescribed time limits under the Hague Agreement in connection with requirements pertaining to an international design application where the delay in applicant’s failure to act was unintentional.“
To learn more:
The USPTO handles translation errors in foreign priority documents for international design applications as follows:
- If an error in the translation of a foreign priority document is discovered after publication of the international registration, the USPTO will generally not take action to correct the error.
- However, the applicant may submit a corrected translation for consideration in any review of the foreign priority claim.
This approach is outlined in MPEP 2920.05(d), which states:
“Where an error in the translation of the foreign priority document is only discovered after publication of the international registration, the Office will generally not take action to correct the error. However, the applicant may submit a corrected translation for consideration in any review of the foreign priority claim.”
It’s important for applicants to ensure accurate translations are provided initially to avoid potential issues later in the application process.
To learn more:
MPEP 2913 – Relief From Prescribed Time Limits (1)
The procedure for seeking relief from prescribed time limits in international design applications is outlined in 37 CFR 1.1051. This procedure allows applicants to excuse unintentional delays in meeting time limits under the Hague Agreement for requirements related to international design applications.
The key components of this procedure include:
- Filing a petition with the USPTO
- Providing necessary documentation
- Paying required fees
- Submitting a statement of unintentional delay
- Filing a terminal disclaimer in certain cases
As stated in the MPEP: “Pursuant to 35 U.S.C. 387, 37 CFR 1.1051 sets forth a petition procedure to excuse, with respect to the United States, an applicant’s failure to act within prescribed time limits under the Hague Agreement in connection with requirements pertaining to an international design application where the delay in applicant’s failure to act was unintentional.“
To learn more:
MPEP 2920.05 – Examination (1)
Information Disclosure Statement (IDS) requirements for international design applications designating the United States are similar to those for domestic national applications:
- The duty to disclose information material to patentability applies to individuals associated with the filing and prosecution of the application.
- An IDS must adhere to the requirements set forth in 37 CFR 1.97, 1.98, and 1.33(b) for consideration by the examiner.
- An IDS filed within three months of the publication date of the international registration will be considered by the Office under 37 CFR 1.97(b)(5).
- IDSs filed after this period may be considered as provided in 37 CFR 1.97.
As stated in the MPEP: An international design application designating the United States has the effect of a U.S. patent application and thus is subject to 37 CFR 1.56.
To learn more:
MPEP 2920.05(D) – Foreign Priority (1)
The USPTO handles translation errors in foreign priority documents for international design applications as follows:
- If an error in the translation of a foreign priority document is discovered after publication of the international registration, the USPTO will generally not take action to correct the error.
- However, the applicant may submit a corrected translation for consideration in any review of the foreign priority claim.
This approach is outlined in MPEP 2920.05(d), which states:
“Where an error in the translation of the foreign priority document is only discovered after publication of the international registration, the Office will generally not take action to correct the error. However, the applicant may submit a corrected translation for consideration in any review of the foreign priority claim.”
It’s important for applicants to ensure accurate translations are provided initially to avoid potential issues later in the application process.
To learn more:
Patent Law (4)
According to 37 CFR 1.9(a)(1), a national application is defined as:
- A U.S. application for patent filed in the USPTO under 35 U.S.C. 111
- An international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid
- An international design application filed under the Hague Agreement in which the USPTO has received a copy of the international registration pursuant to Hague Agreement Article 10
This definition encompasses various types of patent applications that are treated as national applications by the USPTO.
Information Disclosure Statement (IDS) requirements for international design applications designating the United States are similar to those for domestic national applications:
- The duty to disclose information material to patentability applies to individuals associated with the filing and prosecution of the application.
- An IDS must adhere to the requirements set forth in 37 CFR 1.97, 1.98, and 1.33(b) for consideration by the examiner.
- An IDS filed within three months of the publication date of the international registration will be considered by the Office under 37 CFR 1.97(b)(5).
- IDSs filed after this period may be considered as provided in 37 CFR 1.97.
As stated in the MPEP: An international design application designating the United States has the effect of a U.S. patent application and thus is subject to 37 CFR 1.56.
To learn more:
The procedure for seeking relief from prescribed time limits in international design applications is outlined in 37 CFR 1.1051. This procedure allows applicants to excuse unintentional delays in meeting time limits under the Hague Agreement for requirements related to international design applications.
The key components of this procedure include:
- Filing a petition with the USPTO
- Providing necessary documentation
- Paying required fees
- Submitting a statement of unintentional delay
- Filing a terminal disclaimer in certain cases
As stated in the MPEP: “Pursuant to 35 U.S.C. 387, 37 CFR 1.1051 sets forth a petition procedure to excuse, with respect to the United States, an applicant’s failure to act within prescribed time limits under the Hague Agreement in connection with requirements pertaining to an international design application where the delay in applicant’s failure to act was unintentional.“
To learn more:
The USPTO handles translation errors in foreign priority documents for international design applications as follows:
- If an error in the translation of a foreign priority document is discovered after publication of the international registration, the USPTO will generally not take action to correct the error.
- However, the applicant may submit a corrected translation for consideration in any review of the foreign priority claim.
This approach is outlined in MPEP 2920.05(d), which states:
“Where an error in the translation of the foreign priority document is only discovered after publication of the international registration, the Office will generally not take action to correct the error. However, the applicant may submit a corrected translation for consideration in any review of the foreign priority claim.”
It’s important for applicants to ensure accurate translations are provided initially to avoid potential issues later in the application process.
To learn more:
Patent Procedure (4)
According to 37 CFR 1.9(a)(1), a national application is defined as:
- A U.S. application for patent filed in the USPTO under 35 U.S.C. 111
- An international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid
- An international design application filed under the Hague Agreement in which the USPTO has received a copy of the international registration pursuant to Hague Agreement Article 10
This definition encompasses various types of patent applications that are treated as national applications by the USPTO.
Information Disclosure Statement (IDS) requirements for international design applications designating the United States are similar to those for domestic national applications:
- The duty to disclose information material to patentability applies to individuals associated with the filing and prosecution of the application.
- An IDS must adhere to the requirements set forth in 37 CFR 1.97, 1.98, and 1.33(b) for consideration by the examiner.
- An IDS filed within three months of the publication date of the international registration will be considered by the Office under 37 CFR 1.97(b)(5).
- IDSs filed after this period may be considered as provided in 37 CFR 1.97.
As stated in the MPEP: An international design application designating the United States has the effect of a U.S. patent application and thus is subject to 37 CFR 1.56.
To learn more:
The procedure for seeking relief from prescribed time limits in international design applications is outlined in 37 CFR 1.1051. This procedure allows applicants to excuse unintentional delays in meeting time limits under the Hague Agreement for requirements related to international design applications.
The key components of this procedure include:
- Filing a petition with the USPTO
- Providing necessary documentation
- Paying required fees
- Submitting a statement of unintentional delay
- Filing a terminal disclaimer in certain cases
As stated in the MPEP: “Pursuant to 35 U.S.C. 387, 37 CFR 1.1051 sets forth a petition procedure to excuse, with respect to the United States, an applicant’s failure to act within prescribed time limits under the Hague Agreement in connection with requirements pertaining to an international design application where the delay in applicant’s failure to act was unintentional.“
To learn more:
The USPTO handles translation errors in foreign priority documents for international design applications as follows:
- If an error in the translation of a foreign priority document is discovered after publication of the international registration, the USPTO will generally not take action to correct the error.
- However, the applicant may submit a corrected translation for consideration in any review of the foreign priority claim.
This approach is outlined in MPEP 2920.05(d), which states:
“Where an error in the translation of the foreign priority document is only discovered after publication of the international registration, the Office will generally not take action to correct the error. However, the applicant may submit a corrected translation for consideration in any review of the foreign priority claim.”
It’s important for applicants to ensure accurate translations are provided initially to avoid potential issues later in the application process.
To learn more: