What are the main types of national applications under U.S. patent law?
The main types of national applications under U.S. patent law are: Original (non-provisional) applications Provisional applications Reissue applications Divisional applications Continuation applications Continuation-in-part applications As stated in MPEP 201.01: National applications include original (non-provisional), provisional, plant, design, reissue, divisional, and continuation applications (which may be filed under 37 CFR 1.53(b)), as well as continuation-in-part applications…
Read MoreWhat are the filing date requirements for nonprovisional patent applications?
The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013: Non-design applications no longer require at least one claim or any drawings to receive a filing date Design patent applications still…
Read MoreHow does an international application designating the United States affect national patent rights?
An international application designating the United States has significant effects on national patent rights. According to 35 U.S.C. 363: An international application designating the United States shall have the effect, from its international filing date under article 11 of the treaty, of a national application for patent regularly filed in the Patent and Trademark Office.…
Read MoreWhat are the main types of patent applications in the United States?
There are several types of patent applications in the United States: Nonprovisional applications filed under 35 U.S.C. 111(a), including utility, plant, and design patent applications Provisional applications filed under 35 U.S.C. 111(b) International applications filed under the Patent Cooperation Treaty (PCT) International design applications filed under the Hague Agreement The MPEP states: Applications filed under…
Read MoreWhat are reissue applications and when are they used?
Reissue applications are used to correct errors in already issued patents. According to MPEP 201: ‘An application for reissue is made by the patentee when the patent is, through error without any deceptive intention, deemed wholly or partly inoperative or invalid, by reason of a defective specification or drawing, or by reason of the patentee…
Read MoreWhat is a design patent application and how does it differ from a utility patent application?
Design patent applications and utility patent applications are two distinct types of patent applications that protect different aspects of inventions. According to MPEP 201: Design Patent Application: “An application for a design patent filed under 35 U.S.C. 171 may be referred to as a design application.” Design patents protect the ornamental appearance of an article…
Read MoreWhat are provisional applications and how do they differ from non-provisional applications?
Provisional applications are a type of patent application that allows inventors to establish an early filing date without the formal requirements of a non-provisional application. According to MPEP 201: ‘A provisional application is a U.S. national application for patent filed in the USPTO under 35 U.S.C. 111(b).’ Key differences between provisional and non-provisional applications: Provisional…
Read MoreWhat is a reissue application in patent law?
A reissue application is a type of patent application used to correct errors in an already issued patent. According to MPEP 201: “An application for reissue of a patent is an application for a new patent to correct an error in an existing patent.” Reissue applications are filed when the original patent is wholly or…
Read MoreWhat are the filing requirements for a continuation-in-part (CIP) application?
A continuation-in-part (CIP) application has specific filing requirements. Key points include: A CIP application can only be filed under 37 CFR 1.53(b). It must be filed during the lifetime of the prior-filed application (before its abandonment or issuance). The CIP must claim the benefit of the prior application under 35 U.S.C. 120, 121, 365(c), or…
Read MoreHow does claiming benefit of an earlier filing date work for continuing applications?
Claiming the benefit of an earlier filing date for continuing applications (continuation, divisional, and continuation-in-part) is governed by 35 U.S.C. 120 and 37 CFR 1.78. Key points include: The continuing application must be filed before the patenting, abandonment, or termination of proceedings on the prior application. The continuing application must contain a specific reference to…
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