When is a newly executed inventor’s oath or declaration required in a continuing application?
For continuing applications (continuation, divisional, continuation-in-part) filed on or after September 16, 2012 under 37 CFR 1.53(b), a newly executed inventor’s oath or declaration is generally not required if: An oath or declaration complying with 35 U.S.C. 115 and 37 CFR 1.63 (or substitute statement under 37 CFR 1.64) was filed in the earlier-filed application…
Read MoreCan the inventorship in a continuation or continuation-in-part application differ from the parent application?
Yes, the inventorship in a continuation or continuation-in-part (CIP) application can differ from the parent application, but there are specific requirements: 1. For continuation applications: The inventorship must include at least one inventor named in the prior-filed application. 2. For CIP applications: The inventorship can change more significantly due to the addition of new matter.…
Read MoreWhat is the effect of filing a continuation or continuation-in-part application on the parent application?
Filing a continuation or continuation-in-part (CIP) application does not automatically affect the status of the parent application. The parent application continues to be examined or remains patented (if already issued) independently of the child application. Key points to note: 1. The parent application remains pending unless expressly abandoned, allowed to go abandoned, or issued as…
Read MoreCan a design patent application be filed as a continuation or continuation-in-part?
Yes, design patent applications can be filed as continuations or continuations-in-part (CIPs), but with some specific considerations: 1. Continuations: A design application can be a continuation of a prior design application. 2. Continuations-in-part: A design application can be a CIP of a prior design application if it adds new matter. 3. Relationship to Utility Applications:…
Read MoreCan a continuation-in-part application be filed as a continued prosecution application (CPA)?
No, a continuation-in-part (CIP) application cannot be filed as a continued prosecution application (CPA). The MPEP explicitly states: “A continuation-in-part application CANNOT be filed as a continued prosecution application (CPA) under 37 CFR 1.53(d).” Continuation-in-part applications may only be filed under 37 CFR 1.53(b). This is an important distinction to remember when considering different types…
Read MoreWhat is the Hague Agreement and how does it affect international design applications?
The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application with effect in multiple countries. Key points about the Hague Agreement and international design applications include: The United States became a Contracting Party to the Hague Agreement on May 13, 2015. An…
Read MoreWhat are the filing date requirements for nonprovisional applications under the Patent Law Treaties Implementation Act?
The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013. The key changes are: Nonprovisional applications (except for design patent applications) no longer require at least one claim or any drawings to receive a filing date. For…
Read MoreWhat are the differences between design and plant patent applications?
Design and plant patent applications are two distinct types of patent applications, each protecting different aspects of inventions: Design Patent Applications:1. Protect the ornamental design of a functional item.2. Cover the visual appearance of an article of manufacture.3. Have a term of 15 years from the date of grant.4. Require drawings or photographs of the…
Read MoreWhat are the special types of national applications?
The MPEP 201.01 mentions several special types of national applications: 1. Provisional applications (35 U.S.C. 111(b))2. Reissue applications (35 U.S.C. 251)3. Design applications (35 U.S.C. 171)4. Plant applications (35 U.S.C. 161) These applications have specific requirements and purposes. For example, provisional applications provide a way to establish an early effective filing date, while reissue applications…
Read MoreWhat is a substitute application?
A substitute application is a type of national application that is filed to replace a previously filed non-provisional or provisional application. It is used when an applicant wants to start over with a new application while maintaining the benefit of the earlier filing date for common subject matter. Key points about substitute applications: They are…
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