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 106-Control of Inspection by Assignee (1)
The MPEP 106.01 highlights a key difference in assignee rights for patent applications filed before and after September 16, 2012:
- For applications filed before September 16, 2012: The assignee of record of the entire interest can intervene in the prosecution of an application or interference to the exclusion of the applicant.
- For applications filed on or after September 16, 2012: The assignee of record of the entire interest can not only intervene but also prosecute the application after becoming the applicant under 37 CFR 1.46.
For more detailed information, the MPEP directs readers to:
- MPEP § 324 for applications filed before September 16, 2012
- MPEP § 325 for applications filed on or after September 16, 2012
MPEP 200 - Types and Status of Application; Benefit and Priority (1)
The requirements for filing a foreign priority claim differ for applications filed before and after September 16, 2012. The key difference lies in where the priority claim must be presented:
- For applications filed on or after September 16, 2012: The priority claim must be presented in an Application Data Sheet (ADS). This is specified in 37 CFR 1.55(d)(1):
For applications filed under 35 U.S.C. 111(a) on or after September 16, 2012, 37 CFR 1.55(d)(1) requires the claim for priority to be presented in an application data sheet.
- For applications filed before September 16, 2012: The priority claim can be presented either in an Application Data Sheet or in the oath or declaration. As stated in the MPEP:
For applications filed under 35 U.S.C. 111(a) prior to September 16, 2012, unless provided in an application data sheet, the oath or declaration under 37 CFR 1.63 must identify the foreign application for patent or inventor’s certificate for which priority is claimed under 37 CFR 1.55, and any foreign applications having a filing date before that of the application on which priority is claimed, by specifying the application number, country, day, month, and year of its filing.
Regardless of the filing date, the priority claim must include the same essential information: the application number, country (or intellectual property authority), and filing date (day, month, and year) of the foreign application. The difference is primarily in the document where this information must be presented.
MPEP 214-Formal Requirements of Claim for Foreign Priority (1)
The requirements for filing a foreign priority claim differ for applications filed before and after September 16, 2012. The key difference lies in where the priority claim must be presented:
- For applications filed on or after September 16, 2012: The priority claim must be presented in an Application Data Sheet (ADS). This is specified in 37 CFR 1.55(d)(1):
For applications filed under 35 U.S.C. 111(a) on or after September 16, 2012, 37 CFR 1.55(d)(1) requires the claim for priority to be presented in an application data sheet.
- For applications filed before September 16, 2012: The priority claim can be presented either in an Application Data Sheet or in the oath or declaration. As stated in the MPEP:
For applications filed under 35 U.S.C. 111(a) prior to September 16, 2012, unless provided in an application data sheet, the oath or declaration under 37 CFR 1.63 must identify the foreign application for patent or inventor’s certificate for which priority is claimed under 37 CFR 1.55, and any foreign applications having a filing date before that of the application on which priority is claimed, by specifying the application number, country, day, month, and year of its filing.
Regardless of the filing date, the priority claim must include the same essential information: the application number, country (or intellectual property authority), and filing date (day, month, and year) of the foreign application. The difference is primarily in the document where this information must be presented.
MPEP 400 - Representative of Applicant or Owner (3)
The date September 16, 2012, is significant in patent applications involving deceased inventors because it marks a change in the applicable regulations. The MPEP section 409.03(c) states:
[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.]
This means:
- For applications filed before September 16, 2012: The procedures outlined in pre-AIA 37 CFR 1.47 apply when dealing with unavailable legal representatives of deceased inventors.
- For applications filed on or after September 16, 2012: Different regulations and procedures apply, which are not covered in this specific MPEP section.
This date coincides with the implementation of the America Invents Act (AIA), which brought significant changes to U.S. patent law. Patent applicants and attorneys should be aware of these changes and apply the appropriate procedures based on their application’s filing date.
To learn more:
The MPEP 409.03(g) section on proof of irreparable damage is not applicable to patent applications filed on or after September 16, 2012. This change is due to the implementation of the America Invents Act (AIA), which brought significant reforms to the U.S. patent system. Key changes include:
- Transition from a ‘first-to-invent’ to a ‘first-inventor-to-file’ system
- New procedures for challenging patents at the USPTO
- Expanded definition of prior art
- Changes to inventor oath and declaration requirements
For applications filed on or after September 16, 2012, different rules and procedures apply regarding the representation of applicants and the handling of situations that might have previously fallen under the irreparable damage provisions.
To learn more:
No, MPEP 409.03(g) is not applicable to all patent applications. As stated in the editor’s note at the beginning of the section:
This MPEP section is not applicable to applications filed on or after September 16, 2012.
This means that the guidance provided in MPEP 409.03(g) regarding proof of irreparable damage only applies to patent applications filed before September 16, 2012. For applications filed on or after that date, different rules and procedures may apply.
To learn more:
To learn more:
Patent Law (6)
The date September 16, 2012, is significant in patent applications involving deceased inventors because it marks a change in the applicable regulations. The MPEP section 409.03(c) states:
[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.]
This means:
- For applications filed before September 16, 2012: The procedures outlined in pre-AIA 37 CFR 1.47 apply when dealing with unavailable legal representatives of deceased inventors.
- For applications filed on or after September 16, 2012: Different regulations and procedures apply, which are not covered in this specific MPEP section.
This date coincides with the implementation of the America Invents Act (AIA), which brought significant changes to U.S. patent law. Patent applicants and attorneys should be aware of these changes and apply the appropriate procedures based on their application’s filing date.
To learn more:
The requirements for filing a foreign priority claim differ for applications filed before and after September 16, 2012. The key difference lies in where the priority claim must be presented:
- For applications filed on or after September 16, 2012: The priority claim must be presented in an Application Data Sheet (ADS). This is specified in 37 CFR 1.55(d)(1):
For applications filed under 35 U.S.C. 111(a) on or after September 16, 2012, 37 CFR 1.55(d)(1) requires the claim for priority to be presented in an application data sheet.
- For applications filed before September 16, 2012: The priority claim can be presented either in an Application Data Sheet or in the oath or declaration. As stated in the MPEP:
For applications filed under 35 U.S.C. 111(a) prior to September 16, 2012, unless provided in an application data sheet, the oath or declaration under 37 CFR 1.63 must identify the foreign application for patent or inventor’s certificate for which priority is claimed under 37 CFR 1.55, and any foreign applications having a filing date before that of the application on which priority is claimed, by specifying the application number, country, day, month, and year of its filing.
Regardless of the filing date, the priority claim must include the same essential information: the application number, country (or intellectual property authority), and filing date (day, month, and year) of the foreign application. The difference is primarily in the document where this information must be presented.
The MPEP 409.03(g) section on proof of irreparable damage is not applicable to patent applications filed on or after September 16, 2012. This change is due to the implementation of the America Invents Act (AIA), which brought significant reforms to the U.S. patent system. Key changes include:
- Transition from a ‘first-to-invent’ to a ‘first-inventor-to-file’ system
- New procedures for challenging patents at the USPTO
- Expanded definition of prior art
- Changes to inventor oath and declaration requirements
For applications filed on or after September 16, 2012, different rules and procedures apply regarding the representation of applicants and the handling of situations that might have previously fallen under the irreparable damage provisions.
To learn more:
The MPEP 106.01 highlights a key difference in assignee rights for patent applications filed before and after September 16, 2012:
- For applications filed before September 16, 2012: The assignee of record of the entire interest can intervene in the prosecution of an application or interference to the exclusion of the applicant.
- For applications filed on or after September 16, 2012: The assignee of record of the entire interest can not only intervene but also prosecute the application after becoming the applicant under 37 CFR 1.46.
For more detailed information, the MPEP directs readers to:
- MPEP § 324 for applications filed before September 16, 2012
- MPEP § 325 for applications filed on or after September 16, 2012
No, MPEP 409.03(g) is not applicable to all patent applications. As stated in the editor’s note at the beginning of the section:
This MPEP section is not applicable to applications filed on or after September 16, 2012.
This means that the guidance provided in MPEP 409.03(g) regarding proof of irreparable damage only applies to patent applications filed before September 16, 2012. For applications filed on or after that date, different rules and procedures may apply.
To learn more:
To learn more:
An applicant or patent owner can revoke a power of attorney in a patent application filed on or after September 16, 2012 by following these steps:
- Submit a revocation signed by the applicant or patent owner
- Include a new power of attorney signed by the applicant or patent owner
According to MPEP 601.03(a):
“The revocation and new power of attorney may be combined in a single paper.”
It’s important to note that the revocation must be signed by the applicant or patent owner, not by a practitioner acting on their behalf.
To learn more:
Patent Procedure (6)
The date September 16, 2012, is significant in patent applications involving deceased inventors because it marks a change in the applicable regulations. The MPEP section 409.03(c) states:
[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.]
This means:
- For applications filed before September 16, 2012: The procedures outlined in pre-AIA 37 CFR 1.47 apply when dealing with unavailable legal representatives of deceased inventors.
- For applications filed on or after September 16, 2012: Different regulations and procedures apply, which are not covered in this specific MPEP section.
This date coincides with the implementation of the America Invents Act (AIA), which brought significant changes to U.S. patent law. Patent applicants and attorneys should be aware of these changes and apply the appropriate procedures based on their application’s filing date.
To learn more:
The requirements for filing a foreign priority claim differ for applications filed before and after September 16, 2012. The key difference lies in where the priority claim must be presented:
- For applications filed on or after September 16, 2012: The priority claim must be presented in an Application Data Sheet (ADS). This is specified in 37 CFR 1.55(d)(1):
For applications filed under 35 U.S.C. 111(a) on or after September 16, 2012, 37 CFR 1.55(d)(1) requires the claim for priority to be presented in an application data sheet.
- For applications filed before September 16, 2012: The priority claim can be presented either in an Application Data Sheet or in the oath or declaration. As stated in the MPEP:
For applications filed under 35 U.S.C. 111(a) prior to September 16, 2012, unless provided in an application data sheet, the oath or declaration under 37 CFR 1.63 must identify the foreign application for patent or inventor’s certificate for which priority is claimed under 37 CFR 1.55, and any foreign applications having a filing date before that of the application on which priority is claimed, by specifying the application number, country, day, month, and year of its filing.
Regardless of the filing date, the priority claim must include the same essential information: the application number, country (or intellectual property authority), and filing date (day, month, and year) of the foreign application. The difference is primarily in the document where this information must be presented.
The MPEP 409.03(g) section on proof of irreparable damage is not applicable to patent applications filed on or after September 16, 2012. This change is due to the implementation of the America Invents Act (AIA), which brought significant reforms to the U.S. patent system. Key changes include:
- Transition from a ‘first-to-invent’ to a ‘first-inventor-to-file’ system
- New procedures for challenging patents at the USPTO
- Expanded definition of prior art
- Changes to inventor oath and declaration requirements
For applications filed on or after September 16, 2012, different rules and procedures apply regarding the representation of applicants and the handling of situations that might have previously fallen under the irreparable damage provisions.
To learn more:
The MPEP 106.01 highlights a key difference in assignee rights for patent applications filed before and after September 16, 2012:
- For applications filed before September 16, 2012: The assignee of record of the entire interest can intervene in the prosecution of an application or interference to the exclusion of the applicant.
- For applications filed on or after September 16, 2012: The assignee of record of the entire interest can not only intervene but also prosecute the application after becoming the applicant under 37 CFR 1.46.
For more detailed information, the MPEP directs readers to:
- MPEP § 324 for applications filed before September 16, 2012
- MPEP § 325 for applications filed on or after September 16, 2012
No, MPEP 409.03(g) is not applicable to all patent applications. As stated in the editor’s note at the beginning of the section:
This MPEP section is not applicable to applications filed on or after September 16, 2012.
This means that the guidance provided in MPEP 409.03(g) regarding proof of irreparable damage only applies to patent applications filed before September 16, 2012. For applications filed on or after that date, different rules and procedures may apply.
To learn more:
To learn more:
An applicant or patent owner can revoke a power of attorney in a patent application filed on or after September 16, 2012 by following these steps:
- Submit a revocation signed by the applicant or patent owner
- Include a new power of attorney signed by the applicant or patent owner
According to MPEP 601.03(a):
“The revocation and new power of attorney may be combined in a single paper.”
It’s important to note that the revocation must be signed by the applicant or patent owner, not by a practitioner acting on their behalf.
To learn more: