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 Continued Prosecution Application (CPA) request for design patents must include specific information to be considered acceptable. According to MPEP ¶ 2.30, the key elements are:
- The filing date of the CPA request
- The parent application number
The MPEP states: The request filed on [1] for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) based on parent Application No. [2] is acceptable and a CPA has been established.
Here, [1] represents the filing date of the CPA request, and [2] is the parent application number. These details are crucial for establishing the continuity between the parent application and the CPA.
For more information on USPTO filing procedures, visit: USPTO filing procedures.
MPEP 201 - Types of Applications (1)
A Continued Prosecution Application (CPA) request for design patents must include specific information to be considered acceptable. According to MPEP ¶ 2.30, the key elements are:
- The filing date of the CPA request
- The parent application number
The MPEP states: The request filed on [1] for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) based on parent Application No. [2] is acceptable and a CPA has been established.
Here, [1] represents the filing date of the CPA request, and [2] is the parent application number. These details are crucial for establishing the continuity between the parent application and the CPA.
For more information on USPTO filing procedures, visit: USPTO filing procedures.
MPEP 500 - Receipt and Handling of Mail and Papers (1)
No, you cannot use a Certificate of Mailing or Transmission for filing a new patent application to establish the application’s filing date. The MPEP explicitly states:
No benefit will be given to a Certificate of Mailing or Certificate of Facsimile Transmission relative to the filing of a national patent application specification and drawing or other correspondence for the purpose of obtaining an application filing date.
This restriction is also specified in 37 CFR 1.8(a)(2)(i)(A), which excludes “[t]he filing of a national patent application specification and drawing or other correspondence for the purpose of obtaining an application filing date” from the Certificate of Mailing or Transmission procedure.
However, it’s worth noting that new patent applications can be filed electronically via the USPTO’s Electronic Filing System (EFS-Web), which provides its own timestamp for filing date purposes.
MPEP 512 - Certificate of Mailing or Transmission (1)
No, you cannot use a Certificate of Mailing or Transmission for filing a new patent application to establish the application’s filing date. The MPEP explicitly states:
No benefit will be given to a Certificate of Mailing or Certificate of Facsimile Transmission relative to the filing of a national patent application specification and drawing or other correspondence for the purpose of obtaining an application filing date.
This restriction is also specified in 37 CFR 1.8(a)(2)(i)(A), which excludes “[t]he filing of a national patent application specification and drawing or other correspondence for the purpose of obtaining an application filing date” from the Certificate of Mailing or Transmission procedure.
However, it’s worth noting that new patent applications can be filed electronically via the USPTO’s Electronic Filing System (EFS-Web), which provides its own timestamp for filing date purposes.
Patent Law (2)
A Continued Prosecution Application (CPA) request for design patents must include specific information to be considered acceptable. According to MPEP ¶ 2.30, the key elements are:
- The filing date of the CPA request
- The parent application number
The MPEP states: The request filed on [1] for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) based on parent Application No. [2] is acceptable and a CPA has been established.
Here, [1] represents the filing date of the CPA request, and [2] is the parent application number. These details are crucial for establishing the continuity between the parent application and the CPA.
For more information on USPTO filing procedures, visit: USPTO filing procedures.
No, you cannot use a Certificate of Mailing or Transmission for filing a new patent application to establish the application’s filing date. The MPEP explicitly states:
No benefit will be given to a Certificate of Mailing or Certificate of Facsimile Transmission relative to the filing of a national patent application specification and drawing or other correspondence for the purpose of obtaining an application filing date.
This restriction is also specified in 37 CFR 1.8(a)(2)(i)(A), which excludes “[t]he filing of a national patent application specification and drawing or other correspondence for the purpose of obtaining an application filing date” from the Certificate of Mailing or Transmission procedure.
However, it’s worth noting that new patent applications can be filed electronically via the USPTO’s Electronic Filing System (EFS-Web), which provides its own timestamp for filing date purposes.
Patent Procedure (2)
A Continued Prosecution Application (CPA) request for design patents must include specific information to be considered acceptable. According to MPEP ¶ 2.30, the key elements are:
- The filing date of the CPA request
- The parent application number
The MPEP states: The request filed on [1] for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) based on parent Application No. [2] is acceptable and a CPA has been established.
Here, [1] represents the filing date of the CPA request, and [2] is the parent application number. These details are crucial for establishing the continuity between the parent application and the CPA.
For more information on USPTO filing procedures, visit: USPTO filing procedures.
No, you cannot use a Certificate of Mailing or Transmission for filing a new patent application to establish the application’s filing date. The MPEP explicitly states:
No benefit will be given to a Certificate of Mailing or Certificate of Facsimile Transmission relative to the filing of a national patent application specification and drawing or other correspondence for the purpose of obtaining an application filing date.
This restriction is also specified in 37 CFR 1.8(a)(2)(i)(A), which excludes “[t]he filing of a national patent application specification and drawing or other correspondence for the purpose of obtaining an application filing date” from the Certificate of Mailing or Transmission procedure.
However, it’s worth noting that new patent applications can be filed electronically via the USPTO’s Electronic Filing System (EFS-Web), which provides its own timestamp for filing date purposes.