What are the circumstances under which a patent application becomes ‘abandoned’?
MPEP 203.05 outlines several circumstances under which a patent application can become abandoned: Through formal abandonment by the applicant or by the attorney or agent of record; Through failure of applicant to take appropriate action at some stage in the prosecution of a nonprovisional application; For failure to pay the issue fee (see MPEP ยง…
Read MoreWhat is priority in patent applications?
Priority in patent applications refers to the ability of a later-filed application to claim the benefit of, or priority to, an earlier-filed application. This allows the later application to effectively have the filing date of the earlier application for certain purposes. According to the MPEP, “Under certain conditions and on fulfilling certain requirements, a later-filed…
Read MoreWhat is a utility patent application?
A utility patent application is filed under 35 U.S.C. 101 for “a new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof”. Utility patent applications are sometimes referred to as “utility” patent applications when being contrasted with plant or design patent applications. The MPEP states: “The first type…
Read MoreWhat is a plant patent application?
A plant patent application is filed under 35 U.S.C. 161 for whoever “invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state”. The MPEP cites 35 U.S.C. 161: “Whoever…
Read MoreWhat is a design patent application?
A design patent application is a type of patent application that protects the ornamental design of a functional item. It is governed by 35 U.S.C. 171-173 and focuses on the visual characteristics of an article of manufacture. Unlike utility patents, design patents do not protect the functional aspects of an invention. Design patent applications have…
Read MoreWhat does it mean for a patent application to be ‘amended’?
MPEP 203.03 defines an ‘amended’ patent application as follows: An ‘amended’ nonprovisional application is one that having been acted on by the examiner, has in turn been acted on by the applicant in reply to the examiner’s action. The applicant’s reply may be confined to an election, a traverse of the action taken by the…
Read MoreWhen is a patent application considered ‘allowed’ or ‘in issue’?
MPEP 203.04 defines an ‘allowed’ or ‘in issue’ patent application as follows: An ‘allowed’ nonprovisional application or an application ‘in issue’ is one which has been examined and determined to meet all statutory requirements, and in which a notice of allowance has been sent to the applicant. Its status as an ‘allowed’ application continues from…
Read MoreWhat are the basic requirements to obtain a filing date for a nonprovisional utility patent application?
To obtain a filing date for a nonprovisional utility patent application filed on or after 12/18/2013, the application must include: A specification with or without claims (35 U.S.C. 111(a)(2)(A)) Drawings, if necessary for an understanding of the invention (35 U.S.C. 111(a)(2)(B)), but see 37 CFR 1.81(a) for applications filed before 12/18/2013 requiring drawings where they…
Read MoreHow does the USPTO handle United Kingdom provisional specifications in priority claims?
The USPTO handles United Kingdom provisional specifications in priority claims as follows: A certified copy of the “provisional specification” may be submitted, sometimes accompanied by a copy of the “complete specification.” The provisional specification is examined for completeness of disclosure, as it may not contain a complete disclosure in the sense of 35 U.S.C. 112.…
Read MoreHow does the USPTO determine if an applicant is entitled to the benefit of the foreign filing date?
The examiner generally does not examine the certified copy of the foreign priority application except to see that it contains no obvious formal defects and corresponds to the U.S. application. The examiner will consider the merits of the priority claim if: An intervening reference is found with an effective date between the foreign filing date…
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