How can priority claims be used to overcome a pre-AIA 35 U.S.C. 102(e) rejection?
Priority claims can be an effective way to overcome a pre-AIA 35 U.S.C. 102(e) rejection. This can be done through either foreign priority claims or domestic benefit claims. For foreign priority claims, the MPEP states: “Submitting a claim to priority under 35 U.S.C. 119(a) – (d) within the time period set in 37 CFR 1.55”…
Read MoreWhat is the priority period for design patent applications under 35 U.S.C. 119(a)-(d)?
The priority period for design patent applications under 35 U.S.C. 119(a)-(d) is six months. This is specified in 35 U.S.C. 172, which states: “The right of priority provided for by subsections (a) through (d) of section 119 shall be six months in the case of designs.“ This means that to obtain the benefit of an…
Read MoreCan a reissue application be used to correct errors related to foreign priority claims?
Yes, a reissue application can be used to correct errors related to foreign priority claims. The MPEP cites the case of Brenner v. State of Israel, which established that reissue is available to: File a certified copy of the original foreign application to obtain the right of foreign priority under 35 U.S.C. 119(a)-(d) Correct the…
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