What are the time limits for claiming priority in a national stage application under 35 U.S.C. 371?
In a national stage application under 35 U.S.C. 371, the claim for priority must be made within the time limit set forth in the PCT and the Regulations under the PCT. According to 37 CFR 1.55(d)(2), this is the general rule, with some exceptions provided in paragraph (e) of the same section. The MPEP states:…
Read MoreWhat is the time period for correcting a benefit claim under 37 CFR 1.78?
What is the time period for correcting a benefit claim under 37 CFR 1.78? The time period for correcting a benefit claim under 37 CFR 1.78 is crucial for patent applicants. According to MPEP 211.02(a): The time period for making a claim for benefit of a prior-filed application under 37 CFR 1.78(a)(3) and 37 CFR…
Read MoreWhen does an application’s status as ‘allowed’ begin and end?
The status of an application as ‘allowed’ has a specific timeframe. According to the MPEP: “Its status as an ‘allowed’ application continues from the date of the notice of allowance until it issues as a patent, unless it is withdrawn from issue ( 37 CFR 1.313 ), or becomes abandoned for failure to pay the…
Read MoreHow can I satisfy the timeliness requirement for submitting certified copies of foreign applications?
The timeliness requirement for submitting certified copies of foreign applications can be satisfied through the Priority Document Exchange program. According to 37 CFR 1.55(i), the requirement will be considered satisfied if: The foreign application was filed in a participating foreign intellectual property office The claim for priority is presented in an application data sheet with…
Read MoreWhat is the timeliness requirement for priority documents in the PDX program?
The timeliness requirement for priority documents in the PDX program is crucial for patent applicants. MPEP 215.02(a) states: “If the priority document is retrieved after the application is allowed, the patent will not include the priority claim unless the applicant promptly files a request for a Certificate of Correction under 35 U.S.C. 255 and 37…
Read MoreWhat is the significance of the Transco Products decision in determining benefit claims?
The Transco Products decision is significant in determining benefit claims because it established that a later-filed application does not need to use the exact same words as the prior-filed application to satisfy the written description requirement. According to MPEP 211.05: ‘New or amended claims which introduce elements or limitations that are not supported by the…
Read MoreWhat is the transition application statement for foreign priority claims?
The transition application statement is a requirement for certain applications that bridge the pre-AIA and AIA periods. Here are the key points: It applies to nonprovisional applications filed on or after March 16, 2013, that claim priority to a foreign application filed before March 16, 2013. The statement is required if the application contains or…
Read MoreHow are continuation-in-part (CIP) applications filed under former 37 CFR 1.62 treated?
Continuation-in-part (CIP) applications filed under former 37 CFR 1.62 on or after December 1, 1997, are treated as improper applications, regardless of the original application’s filing date. The MPEP specifically states: A request filed on or after December 1, 1997, under former 37 CFR 1.62 for a continuation-in-part (CIP) application, or for a continuation or…
Read MoreHow are continuation or divisional applications filed under former 37 CFR 1.62 treated now?
The treatment of continuation or divisional applications filed under former 37 CFR 1.62 depends on the filing date of the original application: For applications filed on or after June 8, 1995: Requests filed on or after December 1, 1997, are treated as requests for continued examination (RCE) under 37 CFR 1.114. For applications filed before…
Read MoreWhat types of applications are considered ‘new’ under MPEP 203.01?
According to MPEP 203.01, only nonprovisional applications can be considered ‘new’. The section states: A ‘new’ application is a nonprovisional application that has not yet received an action by the examiner. This means that provisional applications, which are place-holder applications that don’t get examined, are not classified as ‘new’ applications under this definition. Only nonprovisional…
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