What are Article 19 amendments in PCT applications?

Article 19 amendments are amendments to the claims of a PCT application that can be made after the international search report has been established. According to the MPEP, “Article 19 amendments are exclusively amendments to the claims and these amendments can only be made after the international search report has been established.” These amendments are…

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How should amendments be made in reissue applications?

How should amendments be made in reissue applications? Amendments in reissue applications should be made in accordance with MPEP 1453. The MPEP states: “Amendments in reissue applications are made pursuant to 37 CFR 1.121(i).” This means that amendments in reissue applications follow specific rules: All amendments must be made relative to the patent specification and…

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How are amendments to the claims treated in U.S. national stage applications?

How are amendments to the claims treated in U.S. national stage applications? Amendments to the claims in U.S. national stage applications are treated differently depending on when they are submitted. The MPEP provides specific guidance: “Amendments to the claims submitted after completion of the requirements for entry into the national stage will be considered for…

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What constitutes ‘new matter’ in a patent application?

‘New matter’ refers to any content added to a patent application after the initial filing date that was not present in the original specification, claims, or drawings. As stated in MPEP 608.04(a): Matter not present on the filing date of the application in the specification, claims, or drawings that is added after the application filing…

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What are the requirements for a complete patent application?

What are the requirements for a complete patent application? A complete patent application must include the following elements: Specification (including a description and claim(s)) Drawing(s) (when necessary) Oath or declaration Filing, search, and examination fees As stated in MPEP 601.01: ‘The application for patent as filed must include a specification as prescribed by 35 U.S.C.…

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Can the filing fee, oath or declaration, and claims be submitted after the initial filing of a nonprovisional application?

Yes, the filing fee, oath or declaration, and claims can be submitted after the initial filing of a nonprovisional application. However, there are specific rules and time limits for doing so: These items must be submitted within the period specified by the USPTO, usually in a Notice to File Missing Parts. A surcharge may be…

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