Are reserved MPEP sections common?
Reserved sections are relatively common in the MPEP, especially for section numbers that are being held for future use or that previously contained content that was moved. A quick scan of the MPEP Chapter 200 shows several reserved sections, such as: Section 203.07 [Reserved] Sections 204-209 [Reserved] Section 212 [Reserved]
Read MoreCan the right of priority be restored if the U.S. application is filed late?
Yes, the right of priority can be restored if the U.S. application is filed after the 12-month priority period (or 6-month period for design applications), but within 2 months of the expiration of the priority period, if the delay was unintentional. 37 CFR 1.55(c) states: “If the subsequent application has a filing date which is…
Read MoreWhat are the requirements for claiming priority to a foreign application under 37 CFR 1.55?
The requirements for claiming priority to a foreign application under 37 CFR 1.55 include: A claim for priority identifying the foreign application For applications filed on or after September 16, 2012, the claim for priority must be in the application data sheet (ADS) For applications filed before September 16, 2012, the claim for priority must…
Read MoreWhat are the requirements for claiming benefit of a prior-filed application in a continuation or continuation-in-part application?
To claim the benefit of a prior-filed application in a continuation or continuation-in-part application, several requirements must be met: 1. The application must be filed before the patenting, abandonment, or termination of proceedings on the prior application. 2. The application must contain or be amended to contain a specific reference to the prior application. For…
Read MoreWhat are the requirements for claiming priority to or benefit of a prior-filed application?
To claim priority to or benefit of a prior-filed application, the later-filed application must: Contain a specific reference to the earlier-filed application Be filed within the required time period Include the priority or benefit claim in the application data sheet (for applications filed on or after September 16, 2012) The MPEP states: “Whether an application…
Read MoreWhat are the requirements for claiming foreign priority under 37 CFR 1.55?
The key requirements for claiming foreign priority under 37 CFR 1.55 include: Filing a claim for priority in the application data sheet (for applications filed on or after September 16, 2012) Filing the application within the required time period Providing a certified copy of the foreign application Providing an English translation if necessary 37 CFR…
Read MoreWhat are the requirements for claiming benefit of an earlier national application under 37 CFR 1.78?
The requirements for claiming benefit of an earlier national application under 37 CFR 1.78 include: A specific reference to the earlier-filed application in the later-filed application For applications filed on or after September 16, 2012, the specific reference must be in the application data sheet (ADS) For applications filed before September 16, 2012, the specific…
Read MoreWhat are the requirements for a later-filed application to claim the benefit of an earlier filing date under 35 U.S.C. 120 and 119(e)?
To claim the benefit of an earlier filing date under 35 U.S.C. 120 and 119(e), a later-filed application must meet several requirements: The prior-filed application must name the inventor or at least one joint inventor named in the later-filed application and must be entitled to a filing date The prior-filed application must meet disclosure requirements…
Read MoreWhat are the requirements for accepting an unintentionally delayed claim for foreign priority?
The requirements for accepting an unintentionally delayed claim for foreign priority include: Filing a petition to accept a delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) or 386(b). Submitting the priority claim in an application data sheet identifying the foreign application. Providing a certified copy of the foreign…
Read MoreWhat is required to claim the benefit of an earlier filing date under 35 U.S.C. 120?
To claim the benefit of an earlier filing date under 35 U.S.C. 120, the following requirements must be met: The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application The disclosure of the invention in the prior application and in the later-filed application must…
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