What are the requirements for filing a certified copy of a foreign application in a national stage application?
For national stage applications under 35 U.S.C. 371, the requirements for filing a certified copy of a foreign application are outlined in 37 CFR 1.55(f)(2). The MPEP states: A certified copy of the foreign application must be filed within the time limit set forth in the PCT and the Regulations under the PCT in an…
Read MoreWhat is the filing date of a CPA?
The filing date of a Continued Prosecution Application (CPA) is determined by when the request for the CPA is received by the USPTO. As stated in the MPEP, The filing date of a continued prosecution application is the date on which a request on a separate paper for an application under this paragraph is filed.…
Read MoreWhat is the filing date for a divisional or continuation application under 37 CFR 1.53(b)?
According to MPEP 201.06(c), the filing date for a divisional or continuation application filed under 37 CFR 1.53(b) is determined as follows: ‘The filing date of an application filed under 37 CFR 1.53(b) is the date on which a specification, with or without claims, is received in the Office.’ This means that the filing date…
Read MoreWhat are the filing date requirements for nonprovisional applications filed on or after December 18, 2013?
For nonprovisional applications filed on or after December 18, 2013, the filing date requirements have been simplified. The MPEP states: For applications filed on or after December 18, 2013, the filing date of a nonprovisional application filed under 35 U.S.C. 111(a), other than a design patent application, is the date on which a specification, with…
Read MoreWhat are the requirements for filing a divisional or continuation application without an executed oath or declaration?
The MPEP 201.06(c) outlines the requirements for filing a divisional or continuation application without an executed oath or declaration: ’37 CFR 1.63(d) provides that a newly executed oath or declaration is not required in a continuation or divisional application filed by all or by fewer than all of the inventors named in a prior nonprovisional…
Read MoreCan I file multiple provisional applications for the same invention?
Can I file multiple provisional applications for the same invention? Yes, you can file multiple provisional applications for the same invention. This practice is sometimes used to establish earlier priority dates for different aspects of an invention as they are developed. The MPEP 201.04 does not explicitly prohibit this practice. However, it’s important to note:…
Read MoreHow does an examiner notify an applicant that a CPA has been established?
When a Continued Prosecution Application (CPA) is established, the examiner notifies the applicant in the first Office action of the CPA. According to MPEP ¶ 2.30, the examiner uses a specific form paragraph: “The request filed on [1] for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) based on parent Application No. [2] is…
Read MoreWhat happens after a CPA is established?
After a Continued Prosecution Application (CPA) is established, the USPTO proceeds with examination. According to MPEP ¶ 2.35: Accordingly, the request for a CPA application is acceptable and a CPA has been established. An action on the CPA follows. This means that once the CPA is established, the examiner will review the application and issue…
Read MoreAre applicants notified when their parent application is abandoned due to a CPA filing?
No, applicants are not separately notified when their parent application is abandoned due to the filing of a Continued Prosecution Application (CPA). This is implied in the examiner’s note in MPEP ¶ 2.35: This notice should be given, since applicant is not notified of the abandonment of the parent nor is a filing receipt normally…
Read MoreWhat is the difference between a CPA in utility/plant applications and design applications?
There is a significant difference in how Continued Prosecution Applications (CPAs) are treated for utility/plant applications versus design applications. According to the examiner’s note in MPEP ¶ 2.35: If the request for a CPA in a utility or plant application is improper and the CPA has been treated as an RCE, do not use this…
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