Can a CPA be filed in a provisional application?
Can a CPA be filed in a provisional application? No, a Continued Prosecution Application (CPA) cannot be filed in a provisional application. The MPEP 201.06(d) clearly states: A continuation or divisional application may be filed under 37 CFR 1.53(d) if the prior application is a design application, but not an international design application, that is…
Read MoreCan a Continued Prosecution Application (CPA) be filed for utility or plant patent applications?
Can a Continued Prosecution Application (CPA) be filed for utility or plant patent applications? No, a Continued Prosecution Application (CPA) cannot be filed for utility or plant patent applications. According to MPEP 201.06(d): ‘Effective July 14, 2003, CPAs are only available for design applications.’ This means that CPAs are exclusively for design patent applications. For…
Read MoreWhat is the DAS code for PDX?
What is the DAS code for PDX? The DAS (Digital Access Service) code for PDX (Priority Document Exchange) is US. This code is used when participating in the WIPO DAS system for electronic exchange of priority documents. As stated in the MPEP 215.01: The DAS code for the USPTO is ‘US’. Applicants need to use…
Read MoreWhat is the deadline for filing a petition to accept an unintentionally delayed priority claim?
What is the deadline for filing a petition to accept an unintentionally delayed priority claim? The deadline for filing a petition to accept an unintentionally delayed priority claim depends on the type of application: For utility and plant applications: The petition must be filed within the later of four months from the actual filing date…
Read MoreWhat is the impact of a defective priority or benefit claim?
What is the impact of a defective priority or benefit claim? A defective priority or benefit claim can have significant consequences for a patent application. According to MPEP 211.01, if the claim for priority or benefit is not properly made: ‘If the claim for priority or benefit is not included in an ADS, the claim…
Read MoreWhat types of defects can be corrected through a reissue application?
A reissue application can be used to correct various types of defects in an unexpired patent. While the MPEP 201.05 doesn’t provide an exhaustive list in this section, it does state that a reissue application is for “a patent to take the place of an unexpired patent that is defective.” Common defects that can be…
Read MoreCan I file a delayed benefit claim in an abandoned application?
Yes, it is possible to file a delayed benefit claim in an abandoned application, particularly for provisional applications. The MPEP 211.04 states: “Effective December 18, 2013, 35 U.S.C. 119(e)(1) no longer requires that the amendment containing the specific reference to the earlier filed provisional application be submitted during the pendency of the application. Therefore, a…
Read MoreWhat happens if a delayed benefit claim is filed after the patent issues?
If a delayed benefit claim is filed after the patent issues, it cannot be accepted. The MPEP 211.04 states: ‘A delayed benefit claim filed after issuance of a patent cannot be accepted.’ This means that once a patent has been granted, it is no longer possible to add or modify benefit claims. Any attempts to…
Read MoreCan a delayed benefit claim be filed for design applications?
Yes, delayed benefit claims can be filed for design applications. The MPEP 211.04 provides specific information about this: “Effective May 13, 2015, 37 CFR 1.78(d)(3) was amended to make the procedures under 37 CFR 1.78(e) to accept an unintentionally delayed benefit claim applicable to design applications where the benefit claim was not submitted during the…
Read MoreHow does filing a delayed benefit claim affect patent term adjustment?
Filing a delayed benefit claim can have significant implications for patent term adjustment (PTA). According to MPEP 211.04: ‘If a benefit claim is submitted later than the time period provided by 37 CFR 1.78, the patent will not be granted the earlier filing date unless a petition under 37 CFR 1.78 is granted. If the…
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