What steps should be taken to claim the benefit of a prior application’s filing date for a divisional application?
To claim the benefit of a prior application’s filing date for a divisional application, applicants must follow specific procedures. The MPEP ¶ 2.01 provides guidance: Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et…
Read MoreWhat happened to 37 CFR 1.60 regarding divisional and continuation applications?
37 CFR 1.60, which previously governed the filing of divisional and continuation applications, was deleted effective December 1, 1997. As stated in the MPEP, 37 CFR 1.60 was deleted effective December 1, 1997. See 1203 O.G. 63, October 21, 1997. This change significantly impacted the procedure for filing these types of applications. For more information…
Read MoreWhat happened to 37 CFR 1.62 and when was it deleted?
37 CFR 1.62, which covered the File Wrapper Continuing Procedure, was deleted effective December 1, 1997. This change was announced in the Official Gazette: “See 1203 O.G. 63, October 21, 1997.” This deletion significantly impacted how certain continuation, divisional, and continuation-in-part applications were processed. For more information on patent application procedures, visit: patent application procedures.
Read MoreHow does the filing date of a divisional application affect patent term?
The filing date of a divisional application can affect the patent term in several ways: 20-year term: The 20-year patent term is calculated from the earliest U.S. filing date to which the divisional application claims priority. This means that the term of a patent issued on a divisional application will generally be shorter than that…
Read MoreCan the specification be omitted when filing a divisional or continuation application?
Can the specification be omitted when filing a divisional or continuation application? No, the specification cannot be omitted when filing a divisional or continuation application. However, the process is simplified. According to MPEP 201.06(c): “A new specification (including the claims) may be submitted in a divisional application filed under 37 CFR 1.53(b). In such a…
Read MoreCan I file a divisional-continuation application after my parent application has been patented?
Can I file a divisional-continuation application after my parent application has been patented? No, you cannot file a divisional-continuation application after your parent application has been patented. According to MPEP 201.06(c): “The divisional application must be filed before the patenting or abandonment of or termination of proceedings on the prior application.” This means that the…
Read MoreWhat is the purpose of a divisional application under 37 CFR 1.53(b)?
What is the purpose of a divisional application under 37 CFR 1.53(b)? A divisional application under 37 CFR 1.53(b) serves to pursue claims to a distinct invention that was disclosed but not claimed in a parent application. According to the MPEP: “A divisional application is often filed as a result of a restriction requirement made…
Read MoreHow does the oath or declaration requirement differ for divisional applications?
How does the oath or declaration requirement differ for divisional applications? For divisional applications, the oath or declaration requirement can be simplified under certain conditions. According to MPEP 201.06(c): “The divisional application may be filed under 37 CFR 1.53(b) using all or part of a copy of the oath or declaration filed in the prior…
Read MoreWhat is a Continued Prosecution Application (CPA) and when can it be filed?
A Continued Prosecution Application (CPA) is a type of continuation or divisional application that can be filed for design patent applications under 37 CFR 1.53(d). It allows an applicant to continue prosecution of a prior design application. As stated in the MPEP: A continuation or divisional application (but not a continuation-in-part) of a prior nonprovisional…
Read MoreHow does a CPA affect confidentiality and public access to application information?
Filing a Continued Prosecution Application (CPA) has implications for the confidentiality of the application. As stated in the MPEP: A CPA is construed to include a waiver of confidentiality by the applicant under 35 U.S.C. 122 to the extent that any member of the public who is entitled under the provisions of 37 CFR 1.14…
Read More