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 Claims (1)
Yes, a nonprovisional application can be entitled to different foreign filing dates for different claims. This can occur in two scenarios:
- The application may be found entitled to the filing date of a foreign application for some claims but not for others.
- An applicant may rely on two or more different foreign applications and may be entitled to the filing date of one application for certain claims and to another for other claims.
The MPEP states: “A nonprovisional application may be found entitled to the filing date of the foreign application with respect to some claims and not with respect to others. In addition, an applicant may rely on two or more different foreign applications and may be entitled to the filing date of one of them with respect to certain claims and to another with respect to other claims.” (MPEP 216)
MPEP 216 - Entitlement to Priority (1)
Yes, a nonprovisional application can be entitled to different foreign filing dates for different claims. This can occur in two scenarios:
- The application may be found entitled to the filing date of a foreign application for some claims but not for others.
- An applicant may rely on two or more different foreign applications and may be entitled to the filing date of one application for certain claims and to another for other claims.
The MPEP states: “A nonprovisional application may be found entitled to the filing date of the foreign application with respect to some claims and not with respect to others. In addition, an applicant may rely on two or more different foreign applications and may be entitled to the filing date of one of them with respect to certain claims and to another with respect to other claims.” (MPEP 216)
MPEP 300 - Ownership and Assignment (1)
Former USPTO employees face restrictions on priority dates for patents they file after leaving the office. According to 35 U.S.C. 4:
‘In patents applied for thereafter they shall not be entitled to any priority date earlier than one year after the termination of their appointment.’
This means that for any patent application filed by a former USPTO employee, the earliest priority date they can claim is one year after their employment at the USPTO ended. This rule prevents former employees from using insider knowledge to gain an unfair advantage in the patent application process.
MPEP 309 - Restrictions Upon Employees of U.S. Patent and Trademark Office (1)
Former USPTO employees face restrictions on priority dates for patents they file after leaving the office. According to 35 U.S.C. 4:
‘In patents applied for thereafter they shall not be entitled to any priority date earlier than one year after the termination of their appointment.’
This means that for any patent application filed by a former USPTO employee, the earliest priority date they can claim is one year after their employment at the USPTO ended. This rule prevents former employees from using insider knowledge to gain an unfair advantage in the patent application process.
Patent Law (2)
Former USPTO employees face restrictions on priority dates for patents they file after leaving the office. According to 35 U.S.C. 4:
‘In patents applied for thereafter they shall not be entitled to any priority date earlier than one year after the termination of their appointment.’
This means that for any patent application filed by a former USPTO employee, the earliest priority date they can claim is one year after their employment at the USPTO ended. This rule prevents former employees from using insider knowledge to gain an unfair advantage in the patent application process.
Yes, a nonprovisional application can be entitled to different foreign filing dates for different claims. This can occur in two scenarios:
- The application may be found entitled to the filing date of a foreign application for some claims but not for others.
- An applicant may rely on two or more different foreign applications and may be entitled to the filing date of one application for certain claims and to another for other claims.
The MPEP states: “A nonprovisional application may be found entitled to the filing date of the foreign application with respect to some claims and not with respect to others. In addition, an applicant may rely on two or more different foreign applications and may be entitled to the filing date of one of them with respect to certain claims and to another with respect to other claims.” (MPEP 216)
Patent Procedure (2)
Former USPTO employees face restrictions on priority dates for patents they file after leaving the office. According to 35 U.S.C. 4:
‘In patents applied for thereafter they shall not be entitled to any priority date earlier than one year after the termination of their appointment.’
This means that for any patent application filed by a former USPTO employee, the earliest priority date they can claim is one year after their employment at the USPTO ended. This rule prevents former employees from using insider knowledge to gain an unfair advantage in the patent application process.
Yes, a nonprovisional application can be entitled to different foreign filing dates for different claims. This can occur in two scenarios:
- The application may be found entitled to the filing date of a foreign application for some claims but not for others.
- An applicant may rely on two or more different foreign applications and may be entitled to the filing date of one application for certain claims and to another for other claims.
The MPEP states: “A nonprovisional application may be found entitled to the filing date of the foreign application with respect to some claims and not with respect to others. In addition, an applicant may rely on two or more different foreign applications and may be entitled to the filing date of one of them with respect to certain claims and to another with respect to other claims.” (MPEP 216)