What are the requirements for claiming benefit of a provisional application filed in a non-English language?
When claiming benefit of a provisional application filed in a language other than English, additional requirements must be met. The MPEP states: “If benefit is being claimed to a provisional application which was filed in a language other than English, (A) an English language translation of the provisional application, and (B) a statement that the…
Read MoreCan I file a U.S. nonprovisional application claiming priority to a provisional application after 12 months?
Can I file a U.S. nonprovisional application claiming priority to a provisional application after 12 months? While it’s generally recommended to file within 12 months, there is a limited exception that allows for filing a nonprovisional application claiming priority to a provisional application after the 12-month period. The MPEP explains: “A nonprovisional application filed not…
Read MoreWhat happens if I file a nonprovisional application after the 12-month priority period?
If you file a nonprovisional application after the 12-month priority period from the filing date of a foreign application, you may still be able to claim priority under certain circumstances: Two-month grace period: The USPTO provides a two-month grace period after the 12-month priority period. During this time, you can file the nonprovisional application with…
Read MoreWhat is the difference between a nonprovisional and a provisional patent application?
While MPEP 203.03 specifically discusses amended nonprovisional applications, it’s important to understand the distinction between nonprovisional and provisional applications: Nonprovisional Application: This is a formal patent application that can result in an issued patent. It undergoes examination and can be amended, as described in MPEP 203.03. Provisional Application: This is a temporary application that establishes…
Read MoreWhat is the typical timeframe for receiving a Notice of Allowance after a Notice of Allowability?
The timeframe for receiving a Notice of Allowance (PTOL-85) after a Notice of Allowability (Form PTOL-37) is generally within three months. However, if you don’t receive the Notice of Allowance within this period, it may be appropriate to make a status inquiry. The MPEP states: A Notice of Allowability, Form PTOL-37, is routinely mailed in…
Read MoreWhat should applicants do upon receiving a Notice of Allowance regarding PDX?
When applicants receive a Notice of Allowance, they should take specific actions regarding PDX as outlined in MPEP 215.01: Upon receipt of a Notice of Allowance, applicants should check to see whether the Office has received a copy of the foreign application under the priority document exchange program because successful retrieval of priority documents cannot…
Read MoreHow can an applicant obtain specific information about their patent application status?
How can an applicant obtain specific information about their patent application status? While the USPTO limits the information provided over the phone, applicants have other methods to obtain detailed status information. MPEP 203.08 suggests: “Applicants can obtain more information using the Patent Application Information Retrieval (PAIR) system. PAIR provides customers direct secure access to their…
Read MoreWhat is an ‘original’ application in patent law?
An ‘original’ application in patent law refers to an application that is not a reissue application. The MPEP states: “Original” application is used in the patent statutes and rules to refer to an application which is not a reissue application. An original application may be a first filing or a continuing application. This means that…
Read MoreHow does the Paris Convention affect international patent applications designating the United States?
How does the Paris Convention affect international patent applications designating the United States? The Paris Convention plays a significant role in international patent applications designating the United States. According to MPEP 211.01(c): ‘International applications, which designate the United States, that are filed on or after November 29, 2000, are subject to the provisions of the…
Read MoreHow does the Paris Convention affect the filing deadline for U.S. nonprovisional applications?
How does the Paris Convention affect the filing deadline for U.S. nonprovisional applications? The Paris Convention plays a crucial role in determining the filing deadline for U.S. nonprovisional applications claiming priority to foreign applications. The MPEP explains: “Under the Paris Convention, the right of priority may be based on an application for a patent or…
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