How are continuation or divisional applications filed under former 37 CFR 1.62 treated after its deletion?
The treatment of continuation or divisional applications filed under former 37 CFR 1.62 depends on the filing date of the original application: For applications filed on or after June 8, 1995: “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 filed under former 37 CFR 1.62 treated after its deletion?
For continuation-in-part (CIP) applications, the MPEP states: “A request filed on or after December 1, 1997, under former 37 CFR 1.62 for a continuation-in-part (CIP) application… will be treated as an improper application.” This means that after the deletion of 37 CFR 1.62, CIP applications can no longer be filed using the former File Wrapper…
Read MoreWhere can I find information about the former 37 CFR 1.60 procedures?
For those interested in the historical procedures under former 37 CFR 1.60, the MPEP provides guidance: For more information pertaining to practice and procedure under former 37 CFR 1.60, see MPEP § 201.06(a) in the MPEP 8th Edition, Rev. 1 (February 2003)(available on the USPTO website at www.uspto.gov/web/offices/pac/mpep/mpep.htm). This archived version of the MPEP contains…
Read MoreWhat happens to applications filed under 37 CFR 1.60 before December 1, 1997?
The MPEP clearly states that All continuation and divisional applications filed under 37 CFR 1.60 prior to December 1, 1997 will continue to be processed and examined under the procedures set forth in former 37 CFR 1.60. This means that if you filed a continuation or divisional application before the rule change, your application will…
Read MoreHow does an examiner determine if an application may be a divisional?
Patent examiners use specific criteria to determine if an application may qualify as a divisional. According to MPEP ¶ 2.01, an examiner looks for the following indicators: The application claims only subject matter disclosed in a prior application. The claimed subject matter appears to be independent and distinct from that claimed in the prior application.…
Read MoreWhat is the significance of claiming benefit to a prior application in a divisional?
Claiming benefit to a prior application is crucial for divisional applications as it allows the divisional to retain the earlier filing date of the parent application. This can be significant for: Establishing priority over potential prior art Extending the potential patent term Maintaining continuity in the patent family The MPEP ¶ 2.01 states: “Should applicant…
Read MoreHow does a divisional application differ from a provisional application?
Divisional applications and provisional applications are distinct types of patent applications with different purposes and characteristics: Divisional Application: Claims subject matter from a prior non-provisional application that is independent and distinct from the original claims. Provisional Application: A temporary application that establishes a priority date but does not mature into an issued patent. The MPEP…
Read MoreWhat is a divisional application in patent law?
A divisional application is a type of patent application that claims subject matter that is independent and distinct from that claimed in a prior application. It typically arises when an original application contains multiple inventions, and the Patent Office requires the applicant to restrict the claims to a single invention. According to MPEP ¶ 2.01,…
Read MoreHow does a restriction requirement lead to a divisional application?
How does a restriction requirement lead to a divisional application? A restriction requirement often leads to the filing of a divisional application. This process occurs as follows: An examiner issues a restriction requirement when they believe the original application contains claims to two or more independent or distinct inventions. The applicant must then elect one…
Read MoreWhat is the relationship between a divisional application and a continuation application?
What is the relationship between a divisional application and a continuation application? Divisional applications and continuation applications are both types of continuing applications, but they serve different purposes. The MPEP 201.06 provides insight into the nature of divisional applications: “A later application for an independent or distinct invention, carved out of a pending application and…
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