What is the difference between a national application and an international application?
A national application is filed directly with the United States Patent and Trademark Office (USPTO) under U.S. patent laws, while an international application is filed under the Patent Cooperation Treaty (PCT). According to MPEP 201.01: ‘National applications include original (nonprovisional), reissue, design, plant, and provisional applications.’ These applications are processed solely within the U.S. patent…
Read MoreWhat is a continuation-in-part (CIP) application in patent law?
A continuation-in-part (CIP) application is a type of patent application that builds upon a previously filed application by including new matter not disclosed in the original application. Key points about CIP applications include: They are filed while the parent application is still pending. They contain a portion or all of the disclosure of the parent…
Read MoreWhat are the main components required in a nonprovisional patent application?
A nonprovisional patent application filed under 35 U.S.C. 111(a) must include several key components. According to the MPEP, these include: A specification as prescribed by 35 U.S.C. 112 A drawing as prescribed by 35 U.S.C. 113 (if necessary) An oath or declaration as prescribed by 35 U.S.C. 115 The application filing fee The MPEP states:…
Read MoreWhat are the main types of national applications under U.S. patent law?
The main types of national applications under U.S. patent law are: Original (non-provisional) applications Provisional applications Reissue applications Divisional applications Continuation applications Continuation-in-part applications As stated in MPEP 201.01: National applications include original (non-provisional), provisional, plant, design, reissue, divisional, and continuation applications (which may be filed under 37 CFR 1.53(b)), as well as continuation-in-part applications…
Read MoreWhat is the Hague Agreement and how does it affect US design patent applications?
The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application to seek protection in multiple countries. The United States became a party to the Hague Agreement on May 13, 2015. According to 35 U.S.C. 385: An international design application designating the United…
Read MoreWhat are the filing date requirements for nonprovisional patent applications?
The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013: Non-design applications no longer require at least one claim or any drawings to receive a filing date Design patent applications still…
Read MoreHow does an international application designating the United States affect national patent rights?
An international application designating the United States has significant effects on national patent rights. According to 35 U.S.C. 363: An international application designating the United States shall have the effect, from its international filing date under article 11 of the treaty, of a national application for patent regularly filed in the Patent and Trademark Office.…
Read MoreWhat are the main types of patent applications in the United States?
There are several types of patent applications in the United States: Nonprovisional applications filed under 35 U.S.C. 111(a), including utility, plant, and design patent applications Provisional applications filed under 35 U.S.C. 111(b) International applications filed under the Patent Cooperation Treaty (PCT) International design applications filed under the Hague Agreement The MPEP states: Applications filed under…
Read MoreWhat are reissue applications and when are they used?
Reissue applications are used to correct errors in already issued patents. According to MPEP 201: ‘An application for reissue is made by the patentee when the patent is, through error without any deceptive intention, deemed wholly or partly inoperative or invalid, by reason of a defective specification or drawing, or by reason of the patentee…
Read MoreWhat is a design patent application and how does it differ from a utility patent application?
Design patent applications and utility patent applications are two distinct types of patent applications that protect different aspects of inventions. According to MPEP 201: Design Patent Application: “An application for a design patent filed under 35 U.S.C. 171 may be referred to as a design application.” Design patents protect the ornamental appearance of an article…
Read More