How 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…

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What 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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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…

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How 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…

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What 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…

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What 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…

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