How are continuation or divisional applications filed under former 37 CFR 1.62 treated after December 1, 1997?
For applications filed on or after June 8, 1995, continuation or divisional applications filed under former 37 CFR 1.62 on or after December 1, 1997, are treated differently. The MPEP states: “A request for a continuation or divisional application filed under former 37 CFR 1.62 on or after December 1, 1997, in an application that…
Read MoreHow are continuation-in-part (CIP) applications handled after the deletion of 37 CFR 1.62?
The treatment of continuation-in-part (CIP) applications changed significantly after the deletion of 37 CFR 1.62. According to the MPEP: “A request filed on or after December 1, 1997, under former 37 CFR 1.62 for a continuation-in-part (CIP) application, or for a continuation or divisional of an application having a filing date before June 8, 1995,…
Read MoreWhat is the filing date of a nonprovisional application under 37 CFR 1.53(b)?
The filing date of a nonprovisional application under 37 CFR 1.53(b) depends on the type of application and when it was filed: For utility and plant applications filed on or after December 18, 2013: The filing date is the date on which the specification, with or without claims, is received in the USPTO. For design…
Read MoreHow does the oath or declaration requirement differ for continuation applications filed before and after September 16, 2012?
The oath or declaration requirements for continuation applications differ significantly depending on whether they were filed before or after September 16, 2012: For applications filed on or after September 16, 2012: The inventor’s oath or declaration must comply with the requirements of 35 U.S.C. 115 as revised effective September 16, 2012. It must state that…
Read MoreHow does the inventorship requirement differ for continuation applications filed before and after September 16, 2012?
The inventorship requirements for continuation applications differ based on whether they were filed before or after September 16, 2012: For applications filed on or after September 16, 2012: The inventorship is determined by the information provided in the application data sheet (ADS) filed before or concurrently with the copy of the inventor’s oath or declaration…
Read MoreHow does the USPTO handle preliminary amendments in continuation applications?
The USPTO’s handling of preliminary amendments in continuation applications depends on when the application was filed and the nature of the amendment: For applications filed on or after September 21, 2004: A preliminary amendment that is present on the filing date of the application is considered part of the original disclosure. All preliminary amendments: Must…
Read MoreWhat is a ‘bypass’ continuation application?
A ‘bypass’ continuation application is a specific type of continuation application that is filed under 37 CFR 1.53(b) to ‘bypass’ the national stage of an international application. As explained in MPEP 201.06(c): “A continuation application filed under 37 CFR 1.53(b) may be filed as a continuation of an international application designating the United States without…
Read MoreCan a divisional application claim benefit to a parent application’s filing date?
Yes, a divisional application can claim the benefit of its parent application’s filing date. According to MPEP 201.06(c): “A divisional application is entitled to the benefit of the filing date of the prior-filed application if the prior-filed application discloses the invention claimed in the divisional application in the manner provided by the first paragraph of…
Read MoreWhat is the benefit of filing a divisional application under 37 CFR 1.53(b)?
What is the benefit of filing a divisional application under 37 CFR 1.53(b)? Filing a divisional application under 37 CFR 1.53(b) offers several benefits: It allows you to pursue claims to an invention that was not elected in a previous application due to a restriction requirement. You can file the divisional application without a new…
Read MoreCan I file a divisional application without a new oath or declaration?
Can I file a divisional application without a new oath or declaration? Yes, you can file a divisional application without a new oath or declaration under certain conditions. According to MPEP 201.06(c): “Under 37 CFR 1.63(d), a newly executed oath or declaration is not required in a divisional application filed under 37 CFR 1.53(b) if:…
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