When should I inquire about the status of my amended patent application?
For amended patent applications, it’s important to understand the expected timelines and when it’s appropriate to make a status inquiry: Examiners are expected to act on amended applications within two months of receiving them. A status inquiry is generally not necessary until 5-6 months have passed without a response from the USPTO. If six months…
Read MoreWho is entitled to receive information about a patent application’s status?
According to MPEP 203.08, information about a patent application’s status can be provided to: The applicant The applicant’s assignee The attorney or agent of record Anyone with written authority from one of the above The MPEP states: “Status information which may be given includes information as to whether the application has been filed, whether the…
Read MoreWhat is the deadline for filing a certified copy of a foreign application for priority claim?
For applications filed before March 16, 2013, the certified copy of the foreign application must be filed within the pendency of the application. According to 37 CFR 1.55(g)(1): The claim for priority and the certified copy of the foreign application specified in 35 U.S.C. 119(b) or PCT Rule 17 must, in any event, be filed…
Read MoreWhat is the deadline for submitting certified copies in a national stage application?
What is the deadline for submitting certified copies in a national stage application? The deadline for submitting certified copies in a national stage application (35 U.S.C. 371) is as follows: Certified copies must be filed within the time limit set in 37 CFR 1.55(f). This is typically within the later of 4 months from the…
Read MoreWhat is the time limit for filing a certified copy of a foreign application in a U.S. patent application filed on or after March 16, 2013?
For applications filed under 35 U.S.C. 111(a) on or after March 16, 2013, 37 CFR 1.55(f)(1) requires that a certified copy of the foreign application be filed within the later of: Four months from the actual filing date of the application, or Sixteen months from the filing date of the prior foreign application This time…
Read MoreWhat is the deadline for submitting a certified copy of a foreign priority application?
The deadline for submitting a certified copy of a foreign priority application depends on the filing date of the U.S. application. According to MPEP 213.02: In the case of a U.S. application filed on or after March 16, 2013, the certified copy must be filed within the later of four months from the actual filing…
Read MoreWhat are the requirements for certified copies in international design applications?
The requirements for certified copies in international design applications are as follows: A certified copy of the foreign application is not required in an international design application. The International Bureau obtains priority documents directly from offices participating in the Digital Access Service (DAS) or the Priority Document Exchange (PDX) program. For offices not participating in…
Read MoreWhat is the time limit for submitting a certified copy of a foreign application for priority claim?
What is the time limit for submitting a certified copy of a foreign application for priority claim? The time limit for submitting a certified copy of a foreign application for a priority claim depends on the specific circumstances of your application. According to MPEP 213.04: The time period for filing a certified copy of the…
Read MoreWhat happens if I need to change the order of benefit claims in my patent application?
What happens if I need to change the order of benefit claims in my patent application? Changing the order of benefit claims in a patent application requires specific actions, as outlined in MPEP 211.02(a): “If applicant needs to change the order of benefit claims presented in an application data sheet or patent, applicant must file…
Read MoreCan a continuation-in-part (CIP) application claim benefit to a provisional application?
Can a continuation-in-part (CIP) application claim benefit to a provisional application? Yes, a continuation-in-part (CIP) application can claim benefit to a provisional application, but there are important considerations regarding the disclosure and priority dates. The MPEP provides guidance on this: “An applicant may claim the benefit of the filing date of a provisional application in…
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