What is the legal basis for denying amendments to CPA specifications?
The legal basis for denying amendments to Continued Prosecution Application (CPA) specifications that attempt to reference prior applications stems from both federal regulations and patent law. Specifically: 37 CFR 1.53(d)(7): This regulation establishes that a CPA request itself serves as the specific reference required by 35 U.S.C. 120. 35 U.S.C. 120: This statute outlines the…
Read MoreHow does a CPA differ from a continuation application?
A Continued Prosecution Application (CPA) and a continuation application are both ways to continue prosecution of a patent application, but they have key differences: CPA: Only available for design applications filed before May 29, 2000, and for plant applications. It continues examination of the same application. Continuation: Available for all types of applications and creates…
Read MoreWhat is a utility patent application?
A utility patent application is filed under 35 U.S.C. 101 for “a new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof”. Utility patent applications are sometimes referred to as “utility” patent applications when being contrasted with plant or design patent applications. The MPEP states: “The first type…
Read MoreWhat is a plant patent application?
A plant patent application is filed under 35 U.S.C. 161 for whoever “invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state”. The MPEP cites 35 U.S.C. 161: “Whoever…
Read MoreWhat is a design patent application?
A design patent application is a type of patent application that protects the ornamental design of a functional item. It is governed by 35 U.S.C. 171-173 and focuses on the visual characteristics of an article of manufacture. Unlike utility patents, design patents do not protect the functional aspects of an invention. Design patent applications have…
Read MoreWhat are the basic requirements to obtain a filing date for a nonprovisional utility patent application?
To obtain a filing date for a nonprovisional utility patent application filed on or after 12/18/2013, the application must include: A specification with or without claims (35 U.S.C. 111(a)(2)(A)) Drawings, if necessary for an understanding of the invention (35 U.S.C. 111(a)(2)(B)), but see 37 CFR 1.81(a) for applications filed before 12/18/2013 requiring drawings where they…
Read MoreWhat are the three broad types of patent applications?
According to the MPEP, patent applications can be directed to three broad types of subject matter: Utility patent applications under 35 U.S.C. 101 for “a new and useful process, machine, manufacture, or composition of matter” Plant patent applications under 35 U.S.C. 161 Design patent applications under 35 U.S.C. 171
Read MoreWhat types of patent applications can be filed in the USPTO?
The three main types of patent applications that can be filed in the USPTO are: Utility patent applications (filed under 35 U.S.C. 101) for “any new and useful process, machine, manufacture, or composition of matter” Design patent applications (filed under 35 U.S.C. 171) for “any new, original, and ornamental design for an article of manufacture”…
Read MoreWhat are the potential risks or drawbacks of filing a continuation-in-part application?
Filing a continuation-in-part (CIP) application can present several risks and potential drawbacks: 1. Different Effective Filing Dates: New matter in the CIP only gets the benefit of the CIP filing date, potentially exposing those claims to more prior art. 2. Reduced Patent Term: The patent term is measured from the filing date of the earliest…
Read MoreWhat are the requirements for claiming benefit of a prior-filed application in a continuation or continuation-in-part application?
To claim the benefit of a prior-filed application in a continuation or continuation-in-part application, several requirements must be met: 1. The application must be filed before the patenting, abandonment, or termination of proceedings on the prior application. 2. The application must contain or be amended to contain a specific reference to the prior application. For…
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