How does the USPTO handle correspondence when there’s a conflict between customer number and application data sheet?
How does the USPTO handle correspondence when there’s a conflict between customer number and application data sheet? When there’s a conflict between the correspondence address provided in a customer number and an application data sheet (ADS), the USPTO follows specific rules: The correspondence address in the ADS takes precedence if filed with the initial application…
Read MoreHow does the inventorship in a continuing application relate to the prior application?
The inventorship in a continuing application can be the same as or different from the prior application, depending on the circumstances: For applications filed on or after September 16, 2012, the inventorship is determined by the application data sheet or the copy of the oath/declaration from the earlier-filed application. If the continuing application names a…
Read MoreWhat are the requirements for claiming priority to or benefit of a prior-filed application?
To claim priority to or benefit of a prior-filed application, the later-filed application must: Contain a specific reference to the earlier-filed application Be filed within the required time period Include the priority or benefit claim in the application data sheet (for applications filed on or after September 16, 2012) The MPEP states: “Whether an application…
Read MoreWhat are the requirements for claiming benefit of an earlier national application under 37 CFR 1.78?
The requirements for claiming benefit of an earlier national application under 37 CFR 1.78 include: A specific reference to the earlier-filed application in the later-filed application For applications filed on or after September 16, 2012, the specific reference must be in the application data sheet (ADS) For applications filed before September 16, 2012, the specific…
Read MoreHow should prior U.S. application data be provided in patent applications?
For patent applications, prior U.S. application data should be provided as follows: For applications filed on or after September 16, 2012: In an application data sheet For applications filed before September 16, 2012: In either the first sentence(s) of the specification or in an application data sheet MPEP 202 states: “The identifying data of all…
Read MoreHow can an applicant file a delayed claim for foreign priority in a U.S. patent application?
If a claim for foreign priority is not presented within the required time period under 37 CFR 1.55, it is considered waived. However, the claim may be accepted if the priority claim was unintentionally delayed. To file a petition for an unintentionally delayed priority claim, the applicant must submit: The priority claim under 35 U.S.C.…
Read MoreHow do I claim foreign priority in a U.S. patent application?
To claim foreign priority in a U.S. patent application, you must: 1. File the U.S. application within 12 months (6 months for design applications) of the foreign filing date.2. Submit a claim for priority identifying the foreign application.3. File a certified copy of the foreign application. For applications filed on or after September 16, 2012,…
Read MoreHow should examiners review the identifying data of prior applications?
Examiners should review the identifying data of all prior applications for which benefits are claimed to ensure accuracy. This review includes: Checking that the data is provided in an application data sheet for applications filed on or after September 16, 2012 Verifying that the data is provided in either the first sentence(s) of the specification…
Read MoreWhat should be done if there’s an error in the preprinted prior application data?
If there’s an error in the preprinted prior application data, the following steps should be taken: If the error is in the Patent Data Portal database, it can be corrected by technical support staff of the Technology Center. After the data is corrected, a new bib-data sheet should be printed and scanned into the file.…
Read MoreWhat information must be included in an application filed by someone other than the inventor?
When an application is filed by someone other than the inventor under 35 U.S.C. 111, it must contain specific information as outlined in 37 CFR 1.46(b): An application data sheet under § 1.76 In the applicant information section (§ 1.76(b)(7)), specify: The assignee Person to whom the inventor is under an obligation to assign the…
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