Can a continuation-in-part application claim benefit from multiple parent applications?
Yes, a continuation-in-part (CIP) application can claim benefit from multiple parent applications. The MPEP 201.08 states: An applicant may in a single application seek to add and claim new matter while also repeating some or all of the subject matter of one or more earlier applications. This means: A CIP can incorporate subject matter from…
Read MoreHow do I correct a benefit claim in my patent application?
To correct a benefit claim in your patent application, follow these steps: For applications filed on or after September 16, 2012: Submit a corrected Application Data Sheet (ADS) in compliance with 37 CFR 1.76(c) For applications filed before September 16, 2012: Submit an amendment to the specification (if the benefit claim is in the specification)…
Read MoreWhat should I do to ensure the correspondence address is correct in a continuing application?
When filing a continuing application using papers from a prior application, it’s important to explicitly specify the desired correspondence address, especially if it was changed during the prosecution of the prior application. 37 CFR 1.33(f) states: Where application papers from a prior application are used in a continuing application and the correspondence address was changed…
Read MoreHow can I correct a timely submitted benefit claim with errors?
How can I correct a timely submitted benefit claim with errors? If you’ve submitted a benefit claim within the required time period but it contains errors, you can correct it without filing a petition. According to MPEP 211.02(a): “A petition under 37 CFR 1.78 and the petition fee would not be required for correcting a…
Read MoreCan I use an Application Data Sheet (ADS) to correct inventor information in my patent application?
Yes, you can use an Application Data Sheet (ADS) to correct inventor information in your patent application. The MPEP 601.05(a) states: If an ADS is filed after the initial filing date of the application, it must identify the information that is being changed (added, deleted, or modified) with underlining for insertions, and strike-through or brackets…
Read MoreHow can the name of the applicant be corrected or updated after filing?
To correct or update the name of the applicant after filing: File a request under 37 CFR 1.46(c)(1) no later than payment of the issue fee Include an application data sheet (ADS) under 37 CFR 1.76 specifying the correct or updated name of the applicant Show appropriate markings in the ADS (underlining for additions, strikethrough…
Read MoreCan an Application Data Sheet (ADS) be used to correct or update inventor information?
Yes, an Application Data Sheet (ADS) can be used to correct or update inventor information. The MPEP 601.05(a) states: A corrected ADS may be submitted to correct or update information other than the inventorship. A corrected ADS correcting or updating information other than inventorship which is also reflected in the oath or declaration under 37…
Read MoreCan some deficiencies in an inventor’s oath or declaration be corrected with an Application Data Sheet (ADS)?
Yes, some deficiencies or inaccuracies in an inventor’s oath or declaration can be corrected using an Application Data Sheet (ADS). The MPEP states: “Some deficiencies or inaccuracies can be corrected with an application data sheet (ADS) in accordance with 37 CFR 1.76.” For more detailed information on using an ADS, the MPEP refers to MPEP…
Read MoreWhat are the requirements for correcting inventorship in a nonprovisional application?
Correcting inventorship in a nonprovisional application requires: A request to correct inventorship under 37 CFR 1.48(a) An application data sheet (ADS) identifying the inventorship change A fee as set forth in 37 CFR 1.17(i) A statement from each person being added or deleted as an inventor that the error occurred without deceptive intent As stated…
Read MoreHow is the correspondence address handled in continuing applications?
For continuing applications where application papers from a prior application are used, special attention must be paid to the correspondence address. According to 37 CFR 1.33(f): “Where application papers from a prior application are used in a continuing application and the correspondence address was changed during the prosecution of the prior application, an application data…
Read More