What 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…
Read MoreWhat is a provisional patent application?
A provisional patent application is a type of U.S. patent application that allows inventors to establish an early filing date for their invention without the need for a formal patent claim or oath/declaration. According to MPEP 201.04, a provisional application is defined as: “A provisional application as used in this chapter means a U.S. national…
Read MoreWhat is a reissue application?
A reissue application is a type of patent application used to correct defects in an existing, unexpired patent. According to MPEP 201.05, “A reissue application is an application for a patent to take the place of an unexpired patent that is defective.” This process allows patent holders to address errors or omissions in their original…
Read MoreWhat does it mean when a patent application is designated as ‘rejected’?
A patent application is designated as ‘rejected’ when it contains an unanswered examiner’s action during its prosecution in the examining group and before allowance. According to MPEP 203.02: A nonprovisional application which, during its prosecution in the examining group and before allowance, contains an unanswered examiner’s action is designated as a ‘rejected’ application. This status…
Read MoreWhen can benefit under 35 U.S.C. 386(c) be claimed for international design applications?
Benefit under 35 U.S.C. 386(c) for international design applications can only be claimed in specific types of applications filed on or after May 13, 2015. The MPEP states: 37 CFR 1.78(j) provides that benefit under 35 U.S.C. 386(c) with respect to an international design application can only be claimed in nonprovisional applications, international applications, and…
Read MoreWhen can a reissue application be filed?
A reissue application can be filed when an unexpired patent is found to be defective. The key criteria are: The original patent must still be in force (unexpired) There must be a defect in the patent that needs correction It’s important to note that the reissue process is not for extending the term of a…
Read MoreWhen does a patent application stop being considered ‘new’?
A patent application stops being considered ‘new’ when it receives its first action from the examiner. According to MPEP 203.01: A ‘new’ application is a nonprovisional application that has not yet received an action by the examiner. This implies that once the examiner issues any official communication or action on the merits of the application,…
Read MoreWhen can a continuation application be filed?
A continuation application can be filed at various stages during the patent application process, as long as the parent application is still pending. The MPEP provides guidance on the timing: “At any time before the patenting, abandonment, or termination of proceedings on an earlier application, an applicant may have recourse to filing a continuation application…
Read MoreWhen is a petition required to correct a benefit claim?
A petition is required to correct a benefit claim in the following situations: When the benefit claim is filed after the required time period set forth in 37 CFR 1.78. When the benefit claim was included elsewhere in the application (e.g., in an oath or declaration) but was not recognized by the Office as shown…
Read MoreWhen is a divisional application typically filed?
A divisional application is often filed in response to a restriction requirement made by the patent examiner. As stated in the MPEP: A divisional application is often filed as a result of a restriction requirement made by the examiner. When an examiner determines that an application contains multiple independent and distinct inventions, they may issue…
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