What is required when submitting a certified copy of a foreign application for priority purposes?
When submitting a certified copy of a foreign application for priority purposes, the following requirements apply: If the certified copy is not in English, a translation is required The translation must be of the certified copy of the foreign application as filed The translation must be filed together with a statement that the translation of…
Read MoreWhat is a certified copy of a foreign application and when must it be filed?
A certified copy of a foreign application is an official copy of the foreign patent application, certified by the patent office where it was filed. It is required to perfect a claim of foreign priority in a U.S. patent application. According to 37 CFR 1.55(f), for applications filed on or after March 16, 2013: “A…
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 MoreWhat is the significance of 37 CFR 1.55(h) for foreign priority claims?
37 CFR 1.55(h) provides an important provision for satisfying the requirement for a certified copy of a foreign application. Key points include: It allows the certified copy requirement to be met through a prior-filed nonprovisional application. The prior-filed application must be one for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c).…
Read MoreWhat happens if an assignment document is not a copy when submitted for recording?
What happens if an assignment document is not a copy when submitted for recording? If an assignment document submitted for recording is not a copy, it will not be accepted for recording. The MPEP clearly states: The Assignment Division will not accept an original assignment document because it becomes part of the USPTO permanent records.…
Read MoreWhat happens if a certified copy is not received within the time period set in 37 CFR 1.55(f)?
What happens if a certified copy is not received within the time period set in 37 CFR 1.55(f)? If a certified copy is not received within the time period set in 37 CFR 1.55(f), the USPTO will send a Notice of Allowance and Issue Fee Due (Notice of Allowance) with a requirement for the certified…
Read MoreHow do I properly identify a foreign application when claiming priority in a U.S. patent application?
How do I properly identify a foreign application when claiming priority in a U.S. patent application? When claiming priority to a foreign application in a U.S. patent application, it’s crucial to provide accurate identification information. According to MPEP 214.01, you must include the following details: The application number of the foreign application The country or…
Read MoreWhat are the requirements for entitlement to priority under the PDX program?
To be entitled to priority under the PDX program, the following requirements must be met: The Office must receive a copy of the foreign application from the participating foreign intellectual property office within the pendency of the application and before the patent is granted, or The Office must receive a paper certified copy of the…
Read MoreWhat are the time limits for perfecting a foreign priority claim in a patent?
What are the time limits for perfecting a foreign priority claim in a patent? The time limits for perfecting a foreign priority claim in a patent are as follows: The priority claim must be made within 16 months from the filing date of the prior foreign application or 4 months from the actual filing date…
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