How is inventorship determined in continuing applications filed on or after September 16, 2012?
For continuing applications filed on or after September 16, 2012, inventorship is determined as follows: If an application data sheet (ADS) is filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application, the inventorship is specified in the ADS. If no ADS is filed before or concurrently with…
Read MoreHow does inventorship affect continuation applications?
Inventorship is a crucial aspect of continuation applications. According to MPEP 201.07: The inventorship in the continuation application must include at least one inventor named in the prior-filed application… This requirement ensures a clear line of continuity between the parent application and the continuation application. Key points to consider: At least one inventor from the…
Read MoreHow does inventorship in a continuing application work?
Inventorship in a continuing application depends on the type of continuing application and when it was filed. Key points: For applications filed on or after September 16, 2012, the inventorship is initially the inventor(s) named in the application data sheet For earlier applications, the inventorship carries over from the parent application In a continuation or…
Read MoreHow should a benefit claim be included in a patent application?
The method for including a benefit claim in a patent application depends on the filing date: For applications filed before September 16, 2012: The reference must be included in the first sentence(s) of the specification following the title or in an application data sheet (ADS). For applications filed on or after September 16, 2012: The…
Read MoreHow should the specific reference to a prior-filed application be made?
The method for making a specific reference to a prior-filed application depends on when the application was filed: For applications filed before September 16, 2012: The specific reference must be included in the first sentence(s) of the specification following the title or in an application data sheet (ADS) in compliance with pre-AIA 37 CFR 1.76.…
Read MoreWhere should the benefit claim reference be included in a patent application?
The location of the benefit claim reference depends on the filing date of the application: For applications filed before September 16, 2012: The reference must be included in the first sentence(s) of the specification following the title or in an application data sheet (ADS). For applications filed on or after September 16, 2012: The specific…
Read MoreWhat is required to make a proper priority claim in a U.S. patent application?
To make a proper priority claim in a U.S. patent application, the applicant must provide specific information about the foreign application and file the claim within the required time period. The requirements differ slightly depending on the type of application. For applications filed on or after September 16, 2012, under 35 U.S.C. 111(a), MPEP 213.02…
Read MoreWhat are the requirements for a petition to restore the right of priority?
A petition to restore the right of priority must include several key elements. The MPEP outlines these requirements: A petition to restore the right of priority must include: (1) the priority claim under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) in an application data sheet, identifying the foreign application to which priority…
Read MoreHow has the requirement for specific reference to prior applications changed?
The requirement for specific reference to prior applications has undergone changes due to recent legislation: For applications filed before September 16, 2012: The specific reference to the prior application must be in the first sentence(s) of the specification or in an application data sheet. For applications filed on or after September 16, 2012: The specific…
Read MoreWhat is the process for examining foreign priority claims in patent applications?
When a claim to priority and certified copy of a foreign application are received during the pendency of a patent application, the examiner generally follows these steps: Checks for obvious formal defects in the documents Verifies that the documents correspond to the application identified in the application data sheet For original applications filed under 35…
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