What happens if I don’t file a foreign priority claim within the specified time period?
If you don’t file a foreign priority claim within the specified time period, the claim is considered to have been waived. As stated in MPEP 214.01: “Claims for foreign priority not presented within the time period specified in 37 CFR 1.55 are considered to have been waived.” However, there is a possibility to file a…
Read MoreWhat is the ‘Minimum Significant Part of the Number’ in foreign application citations?
The ‘Minimum Significant Part of the Number’ refers to the essential portion of a foreign application number that should be used in United States Patent and Trademark Office (USPTO) records. According to the MPEP: The ‘Minimum Significant Part of the Number’ identified in the tables should be used in United States Patent and Trademark Office…
Read MoreWhat happens if I miss the 12-month deadline for filing a U.S. nonprovisional application claiming priority to a foreign application?
What happens if I miss the 12-month deadline for filing a U.S. nonprovisional application claiming priority to a foreign application? If you miss the 12-month deadline for filing a U.S. nonprovisional application claiming priority to a foreign application, you may still be able to file the application, but you’ll lose the right to claim priority…
Read MoreWhat happens if I miss the deadline for filing a priority claim in a U.S. patent application?
If you miss the deadline for filing a priority claim in a U.S. patent application, you may still have options, but they are limited: Petition for Unintentional Delay: You can file a petition to accept an unintentionally delayed priority claim under 37 CFR 1.55(e). This petition must be filed within the later of four months…
Read MoreWhat happens if I miss the 12-month deadline for filing a nonprovisional application after a provisional application?
What happens if I miss the 12-month deadline for filing a nonprovisional application after a provisional application? If you miss the 12-month deadline for filing a nonprovisional application claiming the benefit of a provisional application, you lose the right to claim that benefit. The MPEP states: A provisional application is not entitled to the right…
Read MoreWhat is the purpose of MPEP 203.08 – Status Inquiries?
What is the purpose of MPEP 203.08 – Status Inquiries? MPEP 203.08 – Status Inquiries outlines the procedures for handling status inquiries about patent applications. The section states: “The Office receives numerous telephone and written requests for information concerning the status of patent applications. These status inquiries may be made to the USPTO Contact Center…
Read MoreCan new matter be added to a divisional application?
No, new matter cannot be added to a divisional application. The divisional application must only contain subject matter disclosed in the parent application. The MPEP clearly states: Thus the disclosure presented in a divisional application must not include any subject matter which would constitute new matter if submitted as an amendment to the parent application.…
Read MoreCan new matter be added in a CPA?
No, new matter cannot be added in a Continued Prosecution Application (CPA). The MPEP clearly states: No amendment in an application under this paragraph (a continued prosecution application) may introduce new matter or matter that would have been new matter in the prior application. Any attempt to add new matter will be denied entry by…
Read MoreWhat is the impact of new matter on benefit claims in patent applications?
New matter can have a significant impact on benefit claims in patent applications. The introduction of new matter in a later-filed application can result in the loss of the benefit claim to the prior-filed application. According to MPEP 211.05: ‘New or amended claims which introduce elements or limitations that are not supported by the as-filed…
Read MoreWhat should applicants do if they receive no response to a status inquiry?
If an applicant receives no response to a status inquiry, the MPEP provides the following guidance: The MPEP states: If after a reasonable amount of time no reply has been received, applicants may contact the TC customer service center or CRU. For regular patent applications, contact the Technology Center (TC) customer service center at (571)…
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