How do I update or correct the name of the applicant in an international design application?
To update or correct the name of the applicant in a nonprovisional international design application, you need to: Submit a corrected Application Data Sheet (ADS) under 37 CFR 1.76 Specify the correct or updated name of the applicant in the applicant information section Identify the information being changed with underlining for insertions and strike-through or…
Read MoreCan an Application Data Sheet (ADS) be submitted in a supplemental examination proceeding?
No, an Application Data Sheet (ADS) cannot be submitted in a supplemental examination proceeding. MPEP 2813 explicitly states: “An application data sheet (ADS) under 37 CFR 1.76 cannot be submitted in a supplemental examination proceeding since a supplemental examination proceeding is not an ‘application.’“ This clarification is important because while ADSs are commonly used in…
Read MoreCan an Application Data Sheet (ADS) be submitted in a reexamination proceeding?
The submission of an Application Data Sheet (ADS) in reexamination proceedings is generally not allowed, with limited exceptions. The MPEP states: “Patent owner cannot submit an application data sheet (ADS) in a reexamination proceeding except as provided in MPEP § 2258.02.“ This restriction is in place because reexamination proceedings deal with already-issued patents, and most…
Read MoreHow should the Application Data Sheet (ADS) be prepared when correcting inventorship?
When preparing an Application Data Sheet (ADS) to correct inventorship in an international design application, it’s important to follow specific formatting requirements. The MPEP 2920.01 states: “The ADS submitted with a request under 37 CFR 1.48(a) must identify the information being changed with underlining for insertions and strike-through or brackets for text removed. See MPEP…
Read MoreHow does the process of claiming foreign priority differ for reissue applications filed before and after September 16, 2012?
The process of claiming foreign priority in reissue applications differs based on whether the application was filed before or after September 16, 2012. Here’s a breakdown of the differences: For reissue applications filed on or after September 16, 2012: MPEP 1417 states: “For reissue applications filed on or after September 16, 2012, the foreign priority…
Read MoreHow can an applicant delete a benefit claim in a reissue application?
The process for deleting a benefit claim in a reissue application depends on the filing date of the application: For applications filed on or after September 16, 2012: Include an application data sheet (ADS) that does not list the benefit claim when filing the reissue application, or file a corrected ADS complying with 37 CFR…
Read MoreHow can the name of the applicant be corrected or updated in a U.S. National Stage Application?
To correct or update the name of the applicant in a U.S. National Stage Application, the following steps must be taken: Submit an Application Data Sheet (ADS) under 37 CFR 1.76 Specify the correct or updated name of the applicant in the applicant information section (37 CFR 1.76(b)(7)) Ensure the ADS complies with 37 CFR…
Read MoreHow do I claim priority to a foreign application in a reissue patent application?
To claim priority to a foreign application in a reissue patent application, you must: Make a claim for priority to the earlier filing date in the foreign country, even if such a claim was made in the original patent application. For reissue applications filed on or after September 16, 2012, present the foreign priority information…
Read MoreWhat is the process for changing the applicant in a U.S. National Stage Application?
To change the applicant in a U.S. National Stage Application after an original applicant has been specified, the following steps must be taken: Submit an Application Data Sheet (ADS) under 37 CFR 1.76 Specify the new applicant in the applicant information section (37 CFR 1.76(b)(7)) Ensure the ADS complies with 37 CFR 1.76(c)(2) Comply with…
Read MoreIs an Application Data Sheet (ADS) required for a plant patent application?
Yes, an Application Data Sheet (ADS) is a required element for a plant patent application. According to 37 CFR 1.163(b), the Application Data Sheet is listed as one of the elements that should appear in a plant patent application, specifically: “(3) Application data sheet (see § 1.76).“ The ADS is an important document that provides…
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