Can I change the order of inventors’ names in a patent application?
Yes, you can change the order of inventors’ names in a nonprovisional patent application filed on or after September 16, 2012. According to MPEP 602.01(c)(2): 37 CFR 1.48(f) … allows an applicant to adjust the order of the names of joint inventors (e.g., to control the order of names on a printed patent). To change…
Read MoreWhat are the consequences of providing incorrect information in an Application Data Sheet (ADS)?
Providing incorrect information in an Application Data Sheet (ADS) can have serious consequences for your patent application. The MPEP 601.05(a) emphasizes the importance of accuracy: Applicants should submit a new ADS whenever the previously submitted information is no longer accurate. Submission of an inaccurate ADS may delay processing of the application and may require the…
Read MoreWhat are the consequences of not submitting an Application Data Sheet (ADS) in applications filed before September 16, 2012?
What are the consequences of not submitting an Application Data Sheet (ADS) in applications filed before September 16, 2012? For applications filed before September 16, 2012, submitting an Application Data Sheet (ADS) was not mandatory. The MPEP 601.05(b) states: In applications filed before September 16, 2012, the application data sheet is not a requirement of…
Read MoreWhat are the consequences of not submitting an Application Data Sheet (ADS) with a patent application?
While submitting an Application Data Sheet (ADS) is not mandatory for all applications, there can be consequences for not including one. According to MPEP 601.05(a): If an application is filed without an application data sheet, the applicant will not have the benefit of: The filing date of any provisional application; The filing date of any…
Read MoreCan 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…
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