How is the title of the invention determined for a national stage application?
The title of the invention for a national stage application is determined based on several factors. According to the MPEP, “In the absence of an application data sheet (37 CFR 1.76) or preliminary amendment changing the title, the Office will use the title of the invention that appears on the first page of the description…
Read MoreWhat are the requirements for claiming benefit under 35 U.S.C. 120 in a design patent application?
To claim benefit under 35 U.S.C. 120 in a design patent application, the following requirements must be met: The later-filed application must contain a reference to the prior-filed copending application. For applications filed on or after September 16, 2012, the specific reference must be in the application data sheet (37 CFR 1.76). For applications filed…
Read MoreCan the filing of an inventor’s oath or declaration be postponed in a national stage application?
Yes, the filing of an inventor’s oath or declaration can be postponed in certain circumstances. For national stage applications with an international filing date on or after September 16, 2012: The filing may be postponed until the application is otherwise in condition for allowance if: The applicant submits an application data sheet in accordance with…
Read MoreHow is the title of the invention determined for a PCT national phase application?
The title of the invention for a PCT national phase application is determined as follows: If an application data sheet (ADS) or preliminary amendment changing the title is not provided, the USPTO will use the title that appears on the first page of the description of: The published international application (if published in English under…
Read MoreHow is inventorship determined in a national stage application?
The determination of inventorship in a national stage application depends on the international filing date: For applications with an international filing date on or after September 16, 2012: According to 37 CFR 1.41(e), the inventorship is: The inventor or joint inventors set forth in an application data sheet filed with the initial submission under 35…
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 U.S. patent application?
To claim priority to a foreign application in a U.S. patent application, you must follow the guidelines outlined in MPEP § 214. The process generally involves: Filing the U.S. application within 12 months of the foreign filing date Submitting a claim for priority in an application data sheet (ADS) or in the first sentence of…
Read MoreCan the title of a PCT national phase application be changed after filing?
Yes, the title of a PCT national phase application can be changed after filing. There are two primary methods to change the title: Application Data Sheet (ADS): Applicants can submit an ADS with a new title. Preliminary Amendment: A preliminary amendment can be filed to change the title. The MPEP states: If applicant furnishes an…
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…
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