What is the difference between a divisional and a continuation application?
What is the difference between a divisional and a continuation application? While both divisional and continuation applications are types of continuing applications, they serve different purposes: Divisional Application: Filed to pursue claims to an invention that was not elected in a previous application due to a restriction requirement. Continuation Application: Filed to pursue additional claims…
Read MoreWhat is the difference between applications filed under 37 CFR 1.53(b) and 37 CFR 1.53(d) regarding affidavits?
The treatment of affidavits and declarations differs between applications filed under 37 CFR 1.53(b) and those filed under 37 CFR 1.53(d). According to MPEP ¶ 2.03: “Do not use this form paragraph in applications filed under 37 CFR 1.53(d) since affidavits and/or declarations, such as those submitted under 37 CFR 1.130, 1.131 and 1.132 filed…
Read MoreWhat types of affidavits or declarations are commonly filed in patent applications?
Common types of affidavits or declarations filed in patent applications include those submitted under specific sections of the Code of Federal Regulations. As mentioned in MPEP ¶ 2.03, these include: 37 CFR 1.130: Declarations of attribution or prior public disclosure under the AIA 37 CFR 1.131: Affidavits of prior invention to overcome cited patents or…
Read MoreHow can an applicant rely on an affidavit or declaration from a prior application?
To rely on an affidavit or declaration from a prior application, an applicant must take specific steps. According to MPEP ¶ 2.03: “Where it is desired to rely on an earlier-filed affidavit or declaration, the applicant should make the remarks of record in this application and include a copy of the original affidavit or declaration…
Read MoreHow does the filing date of a CPA get determined?
The filing date of a Continued Prosecution Application (CPA) is determined by the date on which a proper request for a CPA is filed. Specifically, the MPEP states: 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 significance of 37 CFR 1.53(d) applications regarding affidavits and declarations?
Applications filed under 37 CFR 1.53(d) have a unique treatment of affidavits and declarations. According to MPEP ¶ 2.03: “Do not use this form paragraph in applications filed under 37 CFR 1.53(d) since affidavits and/or declarations, such as those submitted under 37 CFR 1.130, 1.131 and 1.132 filed during the prosecution of the parent nonprovisional…
Read MoreWhat happens to the inventorship in a CPA?
The inventorship in a Continued Prosecution Application (CPA) generally carries over from the prior application, unless specific steps are taken to change it. The MPEP states: The inventive entity set forth in the prior nonprovisional application automatically carries over into the CPA UNLESS the request for a CPA is accompanied by or includes on filing…
Read MoreHow does a CPA affect priority claims and terminal disclaimers?
Continued Prosecution Applications (CPAs) automatically carry over certain aspects from the parent application. Specifically: Priority claims under 35 U.S.C. 119(a)-(d) made in the parent application automatically carry over to a CPA. A terminal disclaimer filed in the parent application carries over to a CPA. The MPEP explains: Priority claims under 35 U.S.C. 119(a)-(d) made in…
Read MoreWhat happens if the basic filing fee is not paid when filing a Continued Prosecution Application (CPA)?
If the basic filing fee is not paid when filing a Continued Prosecution Application (CPA), the USPTO will send a notice to the applicant. According to MPEP 201.06(d): ‘If the basic filing fee is not paid when the CPA is filed or within the time period set forth in a notice from the Office, the…
Read MoreHow does the inventorship in a Continued Prosecution Application (CPA) relate to the parent application?
The inventorship in a Continued Prosecution Application (CPA) is directly related to the parent application. As stated in MPEP 201.06(d): ‘The inventorship in a CPA filed under 37 CFR 1.53(d) is the same as in the prior application.’ This means that when you file a CPA, you are essentially continuing the same application with the…
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