What is a reissue application and when is it used?
A reissue application is a type of application used to correct an error in an issued patent that renders the patent wholly or partly inoperative or invalid. It is governed by 35 U.S.C. 251 and 37 CFR 1.171-1.179. Reissue applications are typically filed when the original patent claims are too narrow or too broad, or…
Read MoreWhat is a provisional application for patent?
A provisional application for patent is a type of U.S. patent application that allows inventors to establish an early filing date for their invention without filing a formal patent claim or any information disclosure statement. Key points about provisional applications include: 1. They provide a 12-month pendency from the date of filing.2. They cannot be…
Read MoreWhat is a national application according to the USPTO?
According to 37 CFR 1.9(a)(1), a national application is defined as: A U.S. application for patent filed in the USPTO under 35 U.S.C. 111 An international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid An international design application filed under the Hague Agreement…
Read MoreWhat is a Continued Prosecution Application (CPA) in patent law?
A Continued Prosecution Application (CPA) is a type of patent application that allows applicants to continue prosecution of a parent application. It is governed by 37 CFR 1.53(d). According to MPEP ¶ 2.30, when a CPA is accepted, the examiner will use the following language: “The request filed on [filing date] for a Continued Prosecution…
Read MoreWhat happens if a Continued Prosecution Application (CPA) is filed after the issue fee has been paid?
If a Continued Prosecution Application (CPA) is filed after the issue fee has been paid, it will not be treated as a CPA. Instead, it will be processed as follows: For applications filed on or after May 29, 2000, the CPA will be treated as a request for continued examination (RCE) under 37 CFR 1.114.…
Read MoreWhat happens if a CPA is filed in a utility or plant application after July 14, 2003?
If a Continued Prosecution Application (CPA) is filed in a utility or plant application after July 14, 2003, it will not be treated as a proper CPA. According to MPEP 201.06(d): ‘Any CPA filed on or after July 14, 2003 in a utility or plant application will automatically be treated as a request for continued…
Read MoreWhat are the filing date requirements for a CPA under 37 CFR 1.53(d)?
To receive a filing date for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d), the following requirements must be met: The application must be for a design patent; The prior application must be a design application that is complete as defined by 37 CFR 1.51(b); The application must be submitted before the payment of…
Read MoreWhat is the effect of filing a Continued Prosecution Application (CPA) on the prior application?
Filing a Continued Prosecution Application (CPA) has a significant effect on the prior application. According to MPEP 201.06(d): ‘A request for a CPA expressly abandons the prior application as of the filing date of the request for the CPA.’ This means that: The prior application is automatically and expressly abandoned when the CPA is filed.…
Read MoreCan a Continued Prosecution Application (CPA) be filed for design applications?
Yes, a Continued Prosecution Application (CPA) can be filed for design applications. In fact, as of September 8, 2000, CPAs are only available for design applications. According to MPEP 201.06(d): ‘Effective July 14, 2003, CPA practice has been eliminated as to utility and plant applications. CPAs can only be filed for design applications.’ This means…
Read MoreWhat are the filing date requirements for a CPA?
What are the filing date requirements for a CPA? The filing date requirements for a Continued Prosecution Application (CPA) are specific and must be adhered to. According to MPEP 201.06(d): The filing date of a CPA is the date on which a request on a separate paper for an application under 37 CFR 1.53(d) is…
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