Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 200 – Types and Status of Application; Benefit and Priority (1)
Divisional applications and provisional applications are distinct types of patent applications with different purposes and characteristics:
- Divisional Application: Claims subject matter from a prior non-provisional application that is independent and distinct from the original claims.
- Provisional Application: A temporary application that establishes a priority date but does not mature into an issued patent.
The MPEP explicitly states in MPEP ¶ 2.01:
“An application claiming the benefit of a provisional application under 35 U.S.C. 119(e) should not be called a ‘divisional’ of the prior application.”
This distinction is important because divisional applications claim the benefit under 35 U.S.C. 120, while provisional applications are claimed under 35 U.S.C. 119(e).
For more information on Divisional application, visit: Divisional application.
For more information on patent law, visit: patent law.
For more information on provisional application, visit: provisional application.
For more information on USPTO, visit: USPTO.
MPEP 201 – Types of Applications (1)
Divisional applications and provisional applications are distinct types of patent applications with different purposes and characteristics:
- Divisional Application: Claims subject matter from a prior non-provisional application that is independent and distinct from the original claims.
- Provisional Application: A temporary application that establishes a priority date but does not mature into an issued patent.
The MPEP explicitly states in MPEP ¶ 2.01:
“An application claiming the benefit of a provisional application under 35 U.S.C. 119(e) should not be called a ‘divisional’ of the prior application.”
This distinction is important because divisional applications claim the benefit under 35 U.S.C. 120, while provisional applications are claimed under 35 U.S.C. 119(e).
For more information on Divisional application, visit: Divisional application.
For more information on patent law, visit: patent law.
For more information on provisional application, visit: provisional application.
For more information on USPTO, visit: USPTO.
MPEP 300 – Ownership and Assignment (1)
To correct an error in a recorded assignment document at the USPTO, you have two main options:
- Cover sheet corrections: For errors in the cover sheet data only, you can submit a corrective document identifying the reel and frame number where the assignment is recorded and explaining the correction.
- Errors in the assignment document: For errors in the actual assignment document, you need to record a corrective document. This can be either a new assignment or other document correcting the original assignment.
As stated in MPEP 323: “The ‘Correction’ box on the Recordation Form Cover Sheet should be checked to indicate that the new submission is to correct an assignment already recorded.”
For more information on assignment correction, visit: assignment correction.
For more information on cover sheet, visit: cover sheet.
For more information on USPTO, visit: USPTO.
MPEP 323 – Procedures for Correcting Errors in Recorded Assignment Document (1)
To correct an error in a recorded assignment document at the USPTO, you have two main options:
- Cover sheet corrections: For errors in the cover sheet data only, you can submit a corrective document identifying the reel and frame number where the assignment is recorded and explaining the correction.
- Errors in the assignment document: For errors in the actual assignment document, you need to record a corrective document. This can be either a new assignment or other document correcting the original assignment.
As stated in MPEP 323: “The ‘Correction’ box on the Recordation Form Cover Sheet should be checked to indicate that the new submission is to correct an assignment already recorded.”
For more information on assignment correction, visit: assignment correction.
For more information on cover sheet, visit: cover sheet.
For more information on USPTO, visit: USPTO.
Patent Law (3)
To correct an error in a recorded assignment document at the USPTO, you have two main options:
- Cover sheet corrections: For errors in the cover sheet data only, you can submit a corrective document identifying the reel and frame number where the assignment is recorded and explaining the correction.
- Errors in the assignment document: For errors in the actual assignment document, you need to record a corrective document. This can be either a new assignment or other document correcting the original assignment.
As stated in MPEP 323: “The ‘Correction’ box on the Recordation Form Cover Sheet should be checked to indicate that the new submission is to correct an assignment already recorded.”
For more information on assignment correction, visit: assignment correction.
For more information on cover sheet, visit: cover sheet.
For more information on USPTO, visit: USPTO.
Divisional applications and provisional applications are distinct types of patent applications with different purposes and characteristics:
- Divisional Application: Claims subject matter from a prior non-provisional application that is independent and distinct from the original claims.
- Provisional Application: A temporary application that establishes a priority date but does not mature into an issued patent.
The MPEP explicitly states in MPEP ¶ 2.01:
“An application claiming the benefit of a provisional application under 35 U.S.C. 119(e) should not be called a ‘divisional’ of the prior application.”
This distinction is important because divisional applications claim the benefit under 35 U.S.C. 120, while provisional applications are claimed under 35 U.S.C. 119(e).
For more information on Divisional application, visit: Divisional application.
For more information on patent law, visit: patent law.
For more information on provisional application, visit: provisional application.
For more information on USPTO, visit: USPTO.
An oath is a sworn statement made before a person authorized to administer oaths, while a declaration is a written statement that can be used in lieu of an oath. According to MPEP 602, “A declaration may be submitted in lieu of an oath in any document filed in the Office provided the declaration complies with the requirements of 37 CFR 1.68.” Declarations are often preferred because they don’t require appearing before an official and are easier to process electronically.
To learn more:
Patent Procedure (3)
To correct an error in a recorded assignment document at the USPTO, you have two main options:
- Cover sheet corrections: For errors in the cover sheet data only, you can submit a corrective document identifying the reel and frame number where the assignment is recorded and explaining the correction.
- Errors in the assignment document: For errors in the actual assignment document, you need to record a corrective document. This can be either a new assignment or other document correcting the original assignment.
As stated in MPEP 323: “The ‘Correction’ box on the Recordation Form Cover Sheet should be checked to indicate that the new submission is to correct an assignment already recorded.”
For more information on assignment correction, visit: assignment correction.
For more information on cover sheet, visit: cover sheet.
For more information on USPTO, visit: USPTO.
Divisional applications and provisional applications are distinct types of patent applications with different purposes and characteristics:
- Divisional Application: Claims subject matter from a prior non-provisional application that is independent and distinct from the original claims.
- Provisional Application: A temporary application that establishes a priority date but does not mature into an issued patent.
The MPEP explicitly states in MPEP ¶ 2.01:
“An application claiming the benefit of a provisional application under 35 U.S.C. 119(e) should not be called a ‘divisional’ of the prior application.”
This distinction is important because divisional applications claim the benefit under 35 U.S.C. 120, while provisional applications are claimed under 35 U.S.C. 119(e).
For more information on Divisional application, visit: Divisional application.
For more information on patent law, visit: patent law.
For more information on provisional application, visit: provisional application.
For more information on USPTO, visit: USPTO.
An oath is a sworn statement made before a person authorized to administer oaths, while a declaration is a written statement that can be used in lieu of an oath. According to MPEP 602, “A declaration may be submitted in lieu of an oath in any document filed in the Office provided the declaration complies with the requirements of 37 CFR 1.68.” Declarations are often preferred because they don’t require appearing before an official and are easier to process electronically.
To learn more: