What should the examiner do if there is an error in the pre-printed prior application data on the bib-data sheet?
If there is an error in the pre-printed prior application data on the bib-data sheet: The examiner should require correction via a corrected or supplemental application data sheet or an amendment, if it was an applicant error. A petition for an unintentionally delayed benefit claim may also be required. If appropriate, the correction or entry…
Read MoreWhat happens if the certified copy is filed after the issue fee is paid?
If the certified copy of the foreign application is filed after the date the issue fee is paid but prior to the date of grant of the patent, it will be placed in the file record but there will be no review of the papers. The patent when published will not include the priority claim.…
Read MoreWhen is the latest a certified copy can be filed for the patent to include the foreign priority claim without a certificate of correction?
The certified copy of the foreign application must be filed before the patent is granted. If the certified copy is filed after payment of the issue fee but prior to the date of grant, the priority claim will be placed in the file record but the patent will not include the priority claim unless corrected…
Read MoreWhen is a Certificate of Correction appropriate for perfecting a foreign priority claim?
A Certificate of Correction is appropriate for perfecting a foreign priority claim in the following situations: When the priority claim was timely filed in the application but was not included on the patent because the requirement for a certified copy was not satisfied. In this case, a grantable petition under 37 CFR 1.55(f) or 37…
Read MoreCan a request for issuance to an assignee be submitted after the issue fee is paid?
Yes, a request for issuance to an assignee can be submitted after the issue fee is paid, but additional requirements apply: The request must state that the assignment was submitted for recordation before patent issuance. It must include a request for a certificate of correction under 37 CFR 1.323. The appropriate fees must be paid,…
Read MoreHow can I use a certificate of correction to perfect a foreign priority claim?
A certificate of correction can be used to perfect a foreign priority claim in the following scenarios: When the priority claim was timely filed but not included on the patent due to failure to submit a certified copy. When the priority claim was not timely made, but the correction would not require further examination. To…
Read MoreCan I perfect a claim for foreign priority after my patent has been issued?
Yes, you can perfect a claim for foreign priority after your patent has been issued. There are two main methods: Certificate of Correction: This is generally the preferred method if the requirements of 37 CFR 1.55 are met and no further examination is required. As stated in the MPEP, Except in certain situations, a certificate…
Read MoreWhat happens if a priority claim is filed after the issue fee is paid?
If a priority claim or the certified copy of a foreign application is filed after the issue fee is paid, it will not automatically be included in the patent. The MPEP Section 213.04 states: “If the claim for priority or the certified copy of the foreign application is filed after the date the issue fee…
Read MoreWhat is required to add a benefit claim after the initial filing of a patent application?
Adding a benefit claim after the time period required by 37 CFR 1.78 requires a petition and the petition fee. As stated in MPEP § 211.04: Any petition under 37 CFR 1.78 must be accompanied by a corrected ADS in compliance with 37 CFR 1.76(c) (for applications filed on or after September 16, 2012), or…
Read MoreWhat is the timeliness requirement for priority documents in the PDX program?
The timeliness requirement for priority documents in the PDX program is crucial for patent applicants. MPEP 215.02(a) states: “If the priority document is retrieved after the application is allowed, the patent will not include the priority claim unless the applicant promptly files a request for a Certificate of Correction under 35 U.S.C. 255 and 37…
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