How is the effective filing date determined for claimed inventions?
The effective filing date for a claimed invention is determined as follows: The actual filing date of the application containing the claim, or The filing date of the earliest application for which the patent or application is entitled to claim priority or benefit The MPEP cites 35 U.S.C. 100(i)(1): “the effective filing date for a…
Read MoreCan a design patent application be filed as a continuation or continuation-in-part?
Yes, design patent applications can be filed as continuations or continuations-in-part (CIPs), but with some specific considerations: 1. Continuations: A design application can be a continuation of a prior design application. 2. Continuations-in-part: A design application can be a CIP of a prior design application if it adds new matter. 3. Relationship to Utility Applications:…
Read MoreWhat happens if there are deficiencies in the priority papers?
If priority papers are found to be deficient in material respects, such as failure to include the correct certified copy, applicants should ensure that there is sufficient time to remedy any defects. The MPEP advises: “Frequently, priority papers are found to be deficient in material respects, such as for example, the failure to include the…
Read MoreWhat is cross-noting in patent applications?
Cross-noting in patent applications refers to the process of recording and verifying information about prior applications, including U.S. and foreign applications, for which benefit or priority is claimed. This information is typically noted on the bibliographic data (bib-data) sheet of the application and is used to ensure accurate representation of priority claims on the front…
Read MoreWhat should be done if there’s an error in the preprinted prior application data?
If there’s an error in the preprinted prior application data, the following steps should be taken: If the error is in the Patent Data Portal database, it can be corrected by technical support staff of the Technology Center. After the data is corrected, a new bib-data sheet should be printed and scanned into the file.…
Read MoreHow are errors in prior application data on the bib-data sheet corrected?
Errors in prior application data on the bib-data sheet are corrected as follows: If the error is in the preprinted data: The examiner can have the technical support staff of the Technology Center make corrections in the Patent Data Portal database. If the error is an applicant error: The examiner should require correction via a…
Read MoreWhat should the examiner do if there is an error in the pre-printed prior application data on the bib-data sheet?
If there is an error in the pre-printed prior application data on the bib-data sheet: The examiner should require correction via a corrected or supplemental application data sheet or an amendment, if it was an applicant error. A petition for an unintentionally delayed benefit claim may also be required. If appropriate, the correction or entry…
Read MoreHow are continued prosecution applications (CPAs) handled on the front page of a patent?
For continued prosecution applications (CPAs) filed under 37 CFR 1.53(d), the front page of a printed patent will include: The application number and filing date of the most recent noncontinued prosecution application All prior applications from which benefit was claimed in the most recent noncontinued prosecution application Notably, the filing date of the CPA itself…
Read MoreWhat are the consequences of failing to timely submit a reference to a prior-filed application for a benefit claim under 35 U.S.C. 120 or 119(e)?
Failure to timely submit the reference to the prior-filed application within the time periods specified in 37 CFR 1.78 is considered a waiver of any benefit claim under 35 U.S.C. 120, 121, 365(c), or 386(c) to the prior-filed application. See 37 CFR 1.78(d)(3)(iii). The time periods are not extendable. If the reference to the prior-filed…
Read MoreCan a continuation-in-part application be filed as a continued prosecution application (CPA)?
No, a continuation-in-part (CIP) application cannot be filed as a continued prosecution application (CPA). The MPEP explicitly states: “A continuation-in-part application CANNOT be filed as a continued prosecution application (CPA) under 37 CFR 1.53(d).” Continuation-in-part applications may only be filed under 37 CFR 1.53(b). This is an important distinction to remember when considering different types…
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