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 300 - Ownership and Assignment (1)
The placement of the government license rights statement in a patent application depends on whether there are references to related applications:
- If there are references to related applications in the first sentence(s) of the specification following the title, the government license rights statement should appear as the second paragraph of the specification.
- If there are no references to related applications, the government license rights statement should appear as the first paragraph of the specification.
This placement is specified in 37 CFR 1.77(b)(1)-(3).
MPEP 310 - Government License Rights to Contractor - Owned Inventions Made Under Federally Sponsored Research and Development (1)
The placement of the government license rights statement in a patent application depends on whether there are references to related applications:
- If there are references to related applications in the first sentence(s) of the specification following the title, the government license rights statement should appear as the second paragraph of the specification.
- If there are no references to related applications, the government license rights statement should appear as the first paragraph of the specification.
This placement is specified in 37 CFR 1.77(b)(1)-(3).
MPEP 500 - Receipt and Handling of Mail and Papers (1)
Yes, you must assert small entity status separately for each related application. Specifically:
- Status must be established in each related, continuing, and reissue application
- Small entity status in one application does not affect the status of any other application or patent
- A new assertion is required for continuations, divisionals, continuations-in-part, and reissue applications
According to 37 CFR 1.27(c)(4): “Status as a small entity must be specifically established by an assertion in each related, continuing and reissue application in which status is appropriate and desired. Status as a small entity in one application or patent does not affect the status of any other application or patent, regardless of the relationship of the applications or patents. The refiling of an application under § 1.53 as a continuation, divisional, or continuation-in-part application (including a continued prosecution application under § 1.53(d)), or the filing of a reissue application, requires a new assertion as to continued entitlement to small entity status for the continuing or reissue application.”
To learn more:
Patent Law (2)
The placement of the government license rights statement in a patent application depends on whether there are references to related applications:
- If there are references to related applications in the first sentence(s) of the specification following the title, the government license rights statement should appear as the second paragraph of the specification.
- If there are no references to related applications, the government license rights statement should appear as the first paragraph of the specification.
This placement is specified in 37 CFR 1.77(b)(1)-(3).
Yes, you must assert small entity status separately for each related application. Specifically:
- Status must be established in each related, continuing, and reissue application
- Small entity status in one application does not affect the status of any other application or patent
- A new assertion is required for continuations, divisionals, continuations-in-part, and reissue applications
According to 37 CFR 1.27(c)(4): “Status as a small entity must be specifically established by an assertion in each related, continuing and reissue application in which status is appropriate and desired. Status as a small entity in one application or patent does not affect the status of any other application or patent, regardless of the relationship of the applications or patents. The refiling of an application under § 1.53 as a continuation, divisional, or continuation-in-part application (including a continued prosecution application under § 1.53(d)), or the filing of a reissue application, requires a new assertion as to continued entitlement to small entity status for the continuing or reissue application.”
To learn more:
Patent Procedure (2)
The placement of the government license rights statement in a patent application depends on whether there are references to related applications:
- If there are references to related applications in the first sentence(s) of the specification following the title, the government license rights statement should appear as the second paragraph of the specification.
- If there are no references to related applications, the government license rights statement should appear as the first paragraph of the specification.
This placement is specified in 37 CFR 1.77(b)(1)-(3).
Yes, you must assert small entity status separately for each related application. Specifically:
- Status must be established in each related, continuing, and reissue application
- Small entity status in one application does not affect the status of any other application or patent
- A new assertion is required for continuations, divisionals, continuations-in-part, and reissue applications
According to 37 CFR 1.27(c)(4): “Status as a small entity must be specifically established by an assertion in each related, continuing and reissue application in which status is appropriate and desired. Status as a small entity in one application or patent does not affect the status of any other application or patent, regardless of the relationship of the applications or patents. The refiling of an application under § 1.53 as a continuation, divisional, or continuation-in-part application (including a continued prosecution application under § 1.53(d)), or the filing of a reissue application, requires a new assertion as to continued entitlement to small entity status for the continuing or reissue application.”
To learn more: