Can a Certificate of Correction be used to add or correct a benefit claim after patent grant?
Can a Certificate of Correction be used to add or correct a benefit claim after patent grant? The use of a Certificate of Correction to add or correct a benefit claim after patent grant depends on the type of patent. According to MPEP 211.02(a): “For utility and plant applications, a Certificate of Correction can be…
Read MoreCan I request a certificate of correction for a priority claim after my patent has issued?
Can I request a certificate of correction for a priority claim after my patent has issued? Yes, you can request a certificate of correction for a priority claim after your patent has issued, but only under specific circumstances. According to MPEP 213.04: ‘If the claim for priority or the certified copy of the foreign application…
Read MoreWhat are the requirements for filing a certificate of correction to perfect a foreign priority claim?
To file a certificate of correction to perfect a foreign priority claim, you must meet the following requirements: The priority claim under 37 CFR 1.55 was timely filed in the application but was not included on the patent due to failure to provide a certified copy. A grantable petition under 37 CFR 1.55(f) or (g)…
Read MoreWhat defines a ‘new’ application according to the MPEP?
According to MPEP 203.01, a ‘new’ application is defined as follows: A ‘new’ application is a nonprovisional application that has not yet received an action by the examiner. This means that a patent application is considered ‘new’ from the time it is filed until the patent examiner issues their first official response or action on…
Read MoreWhat is the definition of an ‘allowed’ application?
An ‘allowed’ application is a nonprovisional patent application that has been examined and determined to meet all statutory requirements. The Manual of Patent Examining Procedure (MPEP) states: “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…
Read MoreWhat is an ‘amended’ nonprovisional patent application?
An ‘amended’ nonprovisional patent application is one that has undergone a specific process in the examination procedure. According to MPEP 203.03: 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. In simpler terms, it means…
Read MoreWhat is a continuation application?
A continuation application is a type of patent application that discloses the same invention(s) as a previously filed, copending nonprovisional application, international application designating the United States, or international design application designating the United States. The MPEP states: “A continuation application is an application for the invention(s) disclosed in a prior-filed copending nonprovisional application, international…
Read MoreWhat is a Continued Prosecution Application (CPA)?
A Continued Prosecution Application (CPA) is a type of continuation or divisional application that can be filed under 37 CFR 1.53(d) for design applications. As stated in the MPEP, A continuation or divisional application filed under 37 CFR 1.53(d) is called a ‘Continued Prosecution Application’ (CPA). CPAs allow applicants to continue prosecution of a prior…
Read MoreWhat is a divisional application?
A divisional application is a later application for an independent or distinct invention, carved out of a nonprovisional application. It discloses and claims only subject matter disclosed in the earlier or parent application. As stated in MPEP 201.06: A later application for an independent or distinct invention, carved out of a nonprovisional application (including a…
Read MoreWhat is Electronic Priority Document Exchange (PDX)?
Electronic Priority Document Exchange (PDX) is a system that allows for the electronic transmission of priority documents between participating foreign intellectual property offices. As stated in MPEP 215.01: Electronic Priority Document Exchange (PDX) agreements provide for the electronic transmission of priority documents to and from participating foreign intellectual property offices. This system streamlines the process…
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