What happens if a patent application is filed without all the pages of the specification?
If a patent application is filed without all the pages of the specification, the USPTO will notify the applicant of the missing parts. The MPEP refers to this situation: See MPEP § 601.01(d)-(g) where the application is filed without all the pages of the specification, without at least one claim (nonprovisional design application), without drawings,…
Read MoreWhat is the application size fee and when does it apply?
The application size fee is an additional fee that applies to patent applications with specifications and drawings exceeding 100 sheets of paper. The MPEP states: 37 CFR 1.16(s) sets forth the application size fee for any application (including any reissue applications) filed under 35 U.S.C. 111, the specification and drawings of which exceed 100 sheets…
Read MoreWhat happens if a nonprovisional patent application is filed without all required fees?
If a nonprovisional patent application is filed without all required fees, the USPTO will send a notice to the applicant. According to the MPEP: Filing dates are accorded to nonprovisional applications filed under 37 CFR 1.53(b) submitted without the… required fees (basic filing fee, and search and examination fees (for applications filed on or after…
Read MoreWhat is the filing date for applications properly filed under 37 CFR 1.10 (Priority Mail Express)?
For applications properly filed under 37 CFR 1.10 using Priority Mail Express, the filing date is the date the application was deposited with the U.S. Postal Service. The MPEP states: For applications properly filed under 37 CFR 1.10, the filing date is the date that the application was deposited as Priority Mail Express® in the…
Read MoreCan the filing of an inventor’s oath or declaration be postponed in a nonprovisional application?
Yes, for applications filed on or after September 16, 2012 (except reissue applications), the filing of an inventor’s oath or declaration can be postponed. The MPEP states: For applications filed on or after September 16, 2012 (except reissue applications), applicant may postpone filing the inventor’s oath or declaration until the application is in condition for…
Read MoreHow can an applicant request review of a refusal to accord a filing date?
An applicant can request review of a refusal to accord a filing date by filing a petition. The MPEP states: Any review of the refusal to grant a filing date as of the date of deposit of the application would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)). Petitioner should…
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