What are provisional applications and how do they differ from non-provisional applications?
Provisional applications are a type of patent application that allows inventors to establish an early filing date without the formal requirements of a non-provisional application. According to MPEP 201: ‘A provisional application is a U.S. national application for patent filed in the USPTO under 35 U.S.C. 111(b).’ Key differences between provisional and non-provisional applications: Provisional…
Read MoreWhat is a reissue application in patent law?
A reissue application is a type of patent application used to correct errors in an already issued patent. According to MPEP 201: “An application for reissue of a patent is an application for a new patent to correct an error in an existing patent.” Reissue applications are filed when the original patent is wholly or…
Read MoreWhat are the filing requirements for a continuation-in-part (CIP) application?
A continuation-in-part (CIP) application has specific filing requirements. Key points include: A CIP application can only be filed under 37 CFR 1.53(b). It must be filed during the lifetime of the prior-filed application (before its abandonment or issuance). The CIP must claim the benefit of the prior application under 35 U.S.C. 120, 121, 365(c), or…
Read MoreHow does claiming benefit of an earlier filing date work for continuing applications?
Claiming the benefit of an earlier filing date for continuing applications (continuation, divisional, and continuation-in-part) is governed by 35 U.S.C. 120 and 37 CFR 1.78. Key points include: The continuing application must be filed before the patenting, abandonment, or termination of proceedings on the prior application. The continuing application must contain a specific reference to…
Read MoreHow do continuation, divisional, and continuation-in-part applications differ?
Continuation, divisional, and continuation-in-part (CIP) applications are all types of continuing applications, but they have key differences: Continuation application: Discloses and claims only subject matter disclosed in the prior application. No new matter is added. Divisional application: Results from a restriction requirement in the parent application. Claims an independent and distinct invention carved out of…
Read MoreWhat is a continuation-in-part (CIP) application?
A continuation-in-part (CIP) application is an application filed during the lifetime of a prior nonprovisional application, repeating some substantial portion or all of the prior application and adding matter not disclosed in the prior application. As stated in the MPEP: A continuation-in-part is an application filed during the lifetime of a prior-filed nonprovisional application, international…
Read MoreWhat is the significance of the ‘365(c)’ filing date in claiming benefit of a nonprovisional application?
What is the significance of the ‘365(c)’ filing date in claiming benefit of a nonprovisional application? The ‘365(c)’ filing date is crucial when claiming the benefit of a nonprovisional application that was filed as a PCT application and entered the national stage. According to MPEP 211.01(b): ‘If the prior nonprovisional application is an international application…
Read MoreWhat happened to 37 CFR 1.60 and when?
37 CFR 1.60, which dealt with the divisional continuation procedure, was deleted effective December 1, 1997. This change was announced in the Official Gazette, as stated in the MPEP: 37 CFR 1.60 was deleted effective December 1, 1997. See 1203 O.G. 63, October 21, 1997. This means that the specific procedures outlined in this regulation…
Read MoreWhat happened to 37 CFR 1.62 File Wrapper Continuing Procedure?
37 CFR 1.62, which covered the File Wrapper Continuing Procedure, was deleted effective December 1, 1997. This change was announced in the Official Gazette 1203, published on October 21, 1997. The MPEP states: 37 CFR 1.62 was deleted effective December 1, 1997. See 1203 O.G. 63, October 21, 1997. This means that applications filed under…
Read MoreWhat happens if a prior-filed application is abandoned?
What happens if a prior-filed application is abandoned? If a prior-filed application is abandoned, it may still be used to claim the benefit of priority for a later-filed application, provided certain conditions are met. According to MPEP 211.01: ‘An abandoned application may be used as a prior application for purposes of claiming benefit under 35…
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