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)
The Patent Law Treaty (PLT) is an international agreement aimed at harmonizing and streamlining formal procedures in patent applications. Its implementation in the U.S. through the Patent Law Treaties Implementation Act (PLTIA) introduced several changes to U.S. patent law, including:
- Restoration of priority rights in certain cases
- Changes to formal requirements for patent applications
- Provisions for international design applications
The MPEP notes: “The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the patent laws to implement the provisions of the Patent Law Treaty (PLT) in title II; corresponding revisions to title 37 of the Code of Federal Regulations also became effective on December 18, 2013. Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application.”
Patent Law (3)
The Patent Law Treaty (PLT) is an international agreement aimed at harmonizing and streamlining formal procedures in patent applications. Its implementation in the U.S. through the Patent Law Treaties Implementation Act (PLTIA) introduced several changes to U.S. patent law, including:
- Restoration of priority rights in certain cases
- Changes to formal requirements for patent applications
- Provisions for international design applications
The MPEP notes: “The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the patent laws to implement the provisions of the Patent Law Treaty (PLT) in title II; corresponding revisions to title 37 of the Code of Federal Regulations also became effective on December 18, 2013. Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application.”
Yes, the USPTO allows the use of certain alternative forms for submitting application data, as described in MPEP 601.05:
- Patent Law Treaty Model International Forms can be used to present priority or benefit claims, references to previously filed applications, and applicant information.
- The Patent Cooperation Treaty Request Form can be used in national stage applications to present benefit claims and applicant information.
However, there are specific requirements and limitations:
- When using a Patent Cooperation Treaty Request Form in an application under 35 U.S.C. 111, it must be accompanied by a clear indication that treatment as an application under 35 U.S.C. 111 is desired.
- If there are inconsistencies between an ADS and these forms, the ADS will govern.
While these alternative forms are accepted, the USPTO generally prefers the use of its official ADS form for clarity and consistency in processing.
To learn more:
Yes, in certain circumstances, alternative forms can be used instead of an Application Data Sheet (ADS) to provide some of the required information:
- Patent Law Treaty Model International Forms can be used for certain information.
- The Patent Cooperation Treaty Request Form can be used in some cases for national stage applications.
37 CFR 1.76(f) states: “The requirement in § 1.55 or § 1.78 for the presentation of a priority or benefit claim under 35 U.S.C. 119, 120, 121, or 365 in an application data sheet will be satisfied by the presentation of such priority or benefit claim in the Patent Law Treaty Model International Request Form.”
However, it’s important to note that if an ADS is also submitted, the information in the ADS will generally govern when inconsistent with these alternative forms. Additionally, an ADS is still required in certain situations, such as when postponing submission of the inventor’s oath or declaration.
To learn more:
Patent Procedure (3)
The Patent Law Treaty (PLT) is an international agreement aimed at harmonizing and streamlining formal procedures in patent applications. Its implementation in the U.S. through the Patent Law Treaties Implementation Act (PLTIA) introduced several changes to U.S. patent law, including:
- Restoration of priority rights in certain cases
- Changes to formal requirements for patent applications
- Provisions for international design applications
The MPEP notes: “The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the patent laws to implement the provisions of the Patent Law Treaty (PLT) in title II; corresponding revisions to title 37 of the Code of Federal Regulations also became effective on December 18, 2013. Notable changes to the law and rules included the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application.”
Yes, the USPTO allows the use of certain alternative forms for submitting application data, as described in MPEP 601.05:
- Patent Law Treaty Model International Forms can be used to present priority or benefit claims, references to previously filed applications, and applicant information.
- The Patent Cooperation Treaty Request Form can be used in national stage applications to present benefit claims and applicant information.
However, there are specific requirements and limitations:
- When using a Patent Cooperation Treaty Request Form in an application under 35 U.S.C. 111, it must be accompanied by a clear indication that treatment as an application under 35 U.S.C. 111 is desired.
- If there are inconsistencies between an ADS and these forms, the ADS will govern.
While these alternative forms are accepted, the USPTO generally prefers the use of its official ADS form for clarity and consistency in processing.
To learn more:
Yes, in certain circumstances, alternative forms can be used instead of an Application Data Sheet (ADS) to provide some of the required information:
- Patent Law Treaty Model International Forms can be used for certain information.
- The Patent Cooperation Treaty Request Form can be used in some cases for national stage applications.
37 CFR 1.76(f) states: “The requirement in § 1.55 or § 1.78 for the presentation of a priority or benefit claim under 35 U.S.C. 119, 120, 121, or 365 in an application data sheet will be satisfied by the presentation of such priority or benefit claim in the Patent Law Treaty Model International Request Form.”
However, it’s important to note that if an ADS is also submitted, the information in the ADS will generally govern when inconsistent with these alternative forms. Additionally, an ADS is still required in certain situations, such as when postponing submission of the inventor’s oath or declaration.
To learn more: