What additional requirements are there for delayed priority claims filed more than two years after the due date?
For delayed priority claims filed more than two years after the due date, additional explanation is required. The MPEP states: “A person filing a petition to accept a delayed priority claim more than two years after the date the foreign priority claim was due is required to provide additional explanation of the circumstances surrounding the…
Read MoreHow are delayed priority claims handled in design applications?
The handling of delayed priority claims in design applications has evolved. The MPEP provides the following information: “Before May 13, 2015, no procedures were established for accepting an unintentionally delayed priority claim in a design application. Effective May 13, 2015, 37 CFR 1.55(e) provides for the filing of a petition for acceptance of an unintentionally…
Read MoreHow can I delete a benefit claim from my patent application?
The process for deleting a benefit claim depends on when your application was filed: For applications filed on or after September 16, 2012: File a corrected Application Data Sheet (ADS) in compliance with 37 CFR 1.76(c) that deletes the reference to the prior-filed application. For applications filed prior to September 16, 2012: Amend the specification…
Read MoreCan design applications claim benefit of provisional applications?
No, design applications cannot claim the benefit of provisional applications under 35 U.S.C. 119(e). MPEP 211.01(a) explicitly states: Design applications may not claim the benefit of a provisional application under 35 U.S.C. 119(e). However, it’s important to note that while a design application cannot directly claim benefit of a provisional application, it may be possible…
Read MoreAre there different priority claim requirements for design patent applications?
Yes, design patent applications have different requirements for filing priority claims compared to utility patent applications. The main difference is in the time period for filing the claim. As stated in MPEP 214.01: “The time periods set forth in 37 CFR 1.55(d) do not apply to design applications.” For design applications, the MPEP further clarifies:…
Read MoreCan design patent applications claim the benefit of a provisional application?
No, design patent applications cannot directly claim the benefit of a provisional application. The MPEP clearly states: “Design applications may not claim the benefit of a provisional application under 35 U.S.C. 119(e).” This restriction is based on 35 U.S.C. 172. However, there is a potential indirect way to claim some benefit: If a design patent…
Read MoreWhere can I find detailed information about reissue applications?
For comprehensive information about reissue applications, you should refer to MPEP Chapter 1400. As mentioned in MPEP 201.05, “A detailed treatment of reissue applications can be found in MPEP Chapter 1400.” This chapter provides in-depth coverage of various aspects of reissue applications, including: Eligibility requirements for filing a reissue application Types of defects that can…
Read MoreWhat is the difference between claiming benefit under 35 U.S.C. 119(e) and 35 U.S.C. 120?
The main differences between claiming benefit under 35 U.S.C. 119(e) and 35 U.S.C. 120 are: 35 U.S.C. 119(e): Used for claiming benefit of a provisional application Does not require specifying the relationship between applications Example: “This application claims the benefit of U.S. Provisional Application No. 61/123,456, filed January 1, 2020.” 35 U.S.C. 120: Used for…
Read MoreWhat is the difference between a continuation-in-part application and a regular continuation application?
A continuation-in-part (CIP) application differs from a regular continuation application in the following ways: A CIP application contains a portion or all of the disclosure of an earlier application and adds matter not disclosed in the earlier application. A regular continuation application contains the same disclosure as the earlier application without adding new matter. As…
Read MoreHow does the Digital Access Service (DAS) affect international design applications?
The Digital Access Service (DAS) plays a significant role in international design applications: DAS facilitates the exchange of priority documents between participating offices. For applications filed in DAS-participating offices, the International Bureau can retrieve priority documents directly. This eliminates the need for applicants to submit certified copies in many cases. Applicants should ensure their priority…
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