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)
A reissue application differs from a regular patent application in several key ways:
- Purpose: A reissue application is specifically for correcting defects in an existing, unexpired patent, while a regular application is for obtaining a new patent.
- Timing: Reissue applications can only be filed for unexpired patents, whereas regular applications are filed before a patent is granted.
- Scope: Reissue applications are limited to the invention disclosed in the original patent, with some exceptions for broadening reissues.
- Examination process: The examination of a reissue application focuses on the changes made to correct the defect, in addition to a review of the entire patent.
As stated in MPEP 201.05, “A reissue application is an application for a patent to take the place of an unexpired patent that is defective.” This fundamental difference sets reissue applications apart from regular patent applications. For more detailed information on the reissue process, refer to MPEP Chapter 1400.
To learn more:
Patent Law (2)
Provisional and nonprovisional patent applications have several key differences:
- Claims: Nonprovisional applications require claims, while provisional applications do not. As stated in the MPEP, “Unlike an application filed under 35 U.S.C. 111(a) which requires claims before examination, a provisional application does not require claims.”
- Oath or Declaration: Nonprovisional applications require an oath or declaration, while provisional applications do not. The MPEP notes, “Furthermore, no oath or declaration is required.”
- Examination: Nonprovisional applications undergo substantive examination, while provisional applications do not.
- Information Disclosure Statement: Provisional applications should not include an information disclosure statement, unlike nonprovisional applications. The MPEP states, “Unlike applications filed under 35 U.S.C. 111(a), provisional applications should not include an information disclosure statement.”
- Cover Sheet: Provisional applications require a specific cover sheet with identifying information, which is not required for nonprovisional applications.
For more details on provisional applications, refer to MPEP § 201.04.
To learn more:
A reissue application differs from a regular patent application in several key ways:
- Purpose: A reissue application is specifically for correcting defects in an existing, unexpired patent, while a regular application is for obtaining a new patent.
- Timing: Reissue applications can only be filed for unexpired patents, whereas regular applications are filed before a patent is granted.
- Scope: Reissue applications are limited to the invention disclosed in the original patent, with some exceptions for broadening reissues.
- Examination process: The examination of a reissue application focuses on the changes made to correct the defect, in addition to a review of the entire patent.
As stated in MPEP 201.05, “A reissue application is an application for a patent to take the place of an unexpired patent that is defective.” This fundamental difference sets reissue applications apart from regular patent applications. For more detailed information on the reissue process, refer to MPEP Chapter 1400.
To learn more:
Patent Procedure (2)
Provisional and nonprovisional patent applications have several key differences:
- Claims: Nonprovisional applications require claims, while provisional applications do not. As stated in the MPEP, “Unlike an application filed under 35 U.S.C. 111(a) which requires claims before examination, a provisional application does not require claims.”
- Oath or Declaration: Nonprovisional applications require an oath or declaration, while provisional applications do not. The MPEP notes, “Furthermore, no oath or declaration is required.”
- Examination: Nonprovisional applications undergo substantive examination, while provisional applications do not.
- Information Disclosure Statement: Provisional applications should not include an information disclosure statement, unlike nonprovisional applications. The MPEP states, “Unlike applications filed under 35 U.S.C. 111(a), provisional applications should not include an information disclosure statement.”
- Cover Sheet: Provisional applications require a specific cover sheet with identifying information, which is not required for nonprovisional applications.
For more details on provisional applications, refer to MPEP § 201.04.
To learn more:
A reissue application differs from a regular patent application in several key ways:
- Purpose: A reissue application is specifically for correcting defects in an existing, unexpired patent, while a regular application is for obtaining a new patent.
- Timing: Reissue applications can only be filed for unexpired patents, whereas regular applications are filed before a patent is granted.
- Scope: Reissue applications are limited to the invention disclosed in the original patent, with some exceptions for broadening reissues.
- Examination process: The examination of a reissue application focuses on the changes made to correct the defect, in addition to a review of the entire patent.
As stated in MPEP 201.05, “A reissue application is an application for a patent to take the place of an unexpired patent that is defective.” This fundamental difference sets reissue applications apart from regular patent applications. For more detailed information on the reissue process, refer to MPEP Chapter 1400.
To learn more: