What information must be included in a continuation application?
A continuation application must include specific information to properly establish its relationship to the prior-filed application. The MPEP outlines these requirements: “If the later-filed application is a nonprovisional application, the reference required by this paragraph must be included in an application data sheet (§ 1.76(b)(5)). The reference also must identify the relationship of the applications,…
Read MoreWhat is required to add a benefit claim after the initial filing of a patent application?
Adding a benefit claim after the time period required by 37 CFR 1.78 requires a petition and the petition fee. As stated in MPEP § 211.04: Any petition under 37 CFR 1.78 must be accompanied by a corrected ADS in compliance with 37 CFR 1.76(c) (for applications filed on or after September 16, 2012), or…
Read MoreWhat are the requirements for adding a benefit claim to a prior-filed provisional application?
What are the requirements for adding a benefit claim to a prior-filed provisional application? Adding a benefit claim to a prior-filed provisional application requires meeting specific criteria. According to MPEP 211.02(a): “To add a benefit claim to a prior-filed provisional application, applicant must file a petition to accept a delayed claim under 37 CFR 1.78(c).…
Read MoreWhat are the requirements for claiming benefit of an international application in a U.S. national application?
What are the requirements for claiming benefit of an international application in a U.S. national application? To claim the benefit of an international application in a U.S. national application, certain requirements must be met. According to MPEP 211.01(c): ‘In order for a U.S. national application to be entitled to the benefit of the filing date…
Read MoreWhat are the requirements for claiming benefit of multiple prior-filed applications?
What are the requirements for claiming benefit of multiple prior-filed applications? When claiming benefit of multiple prior-filed applications, specific requirements must be met. According to MPEP 211.01(b): If a nonprovisional application claims the benefit of multiple prior-filed applications, the prior-filed applications need not be copending with each other provided that each prior-filed application is copending…
Read MoreWhat requirements must be met to claim priority based on an inventor’s certificate?
To claim priority based on an inventor’s certificate, applicants must meet specific requirements outlined in 37 CFR 1.55(l): To claim the right of priority on the basis of an application for an inventor’s certificate in such a country under 35 U.S.C. 119(d), the applicant when submitting a claim for such right as specified in this…
Read MoreWhat is required for a later-filed application to be entitled to the benefit of an earlier-filed application’s filing date?
For a later-filed application to be entitled to the benefit of an earlier-filed application’s filing date, the following requirements must be met: The invention disclosed in the later-filed application must also be disclosed in the earlier-filed application. The disclosure in both applications must be sufficient to comply with the requirements of 35 U.S.C. 112(a), except…
Read MoreWhat are the requirements for filing a CPA?
To file a Continued Prosecution Application (CPA), the following requirements must be met: The application must be for a design patent The prior application must be a complete design application as defined by 37 CFR 1.51(b) The CPA must be filed before the earliest of: Payment of the issue fee in the prior application Abandonment…
Read MoreWhat are the requirements for claiming foreign priority in an international design application designating the United States?
For an international design application designating the United States, the requirements for claiming foreign priority are as follows: The claim for priority can be made in accordance with the Hague Agreement and the Hague Agreement Regulations. The claim must comply with the conditions and requirements of 35 U.S.C. 119(a)-(d) and 172. Priority can be claimed…
Read MoreWhat are the requirements for submitting an interim copy of a foreign priority application?
What are the requirements for submitting an interim copy of a foreign priority application? Submitting an interim copy of a foreign priority application can be useful when there are delays in obtaining a certified copy. According to MPEP 213.04, here are the requirements: 37 CFR 1.55(j) provides that an applicant who has not filed a…
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