What is the filing date for a patent term extension application?
The filing date for a patent term extension application is determined according to 37 CFR 1.741(a). Specifically, “the filing date of an application for patent term extension is the date on which a complete application is received in the USPTO or filed pursuant to the certificate of mailing provisions of 37 CFR 1.8 or the…
Read MoreWhat constitutes a “complete application” for patent term extension?
A “complete application” for patent term extension is defined in 37 CFR 1.741(a) and must meet the requirements set forth in 35 U.S.C. 156(d)(1). The MPEP states: “The Office will consider each of these statutory requirements to be satisfied in an application which provides sufficient information, directed to each requirement, to act on the application,…
Read MoreWhat 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.…
Read MoreWhat are the essential parts of a patent application?
While MPEP 203.06 mentions ‘essential parts’ without specifying them, other sections of the MPEP provide details on what constitutes a complete patent application. The essential parts typically include: Specification (including a description of the invention) At least one claim Drawings (when necessary to understand the invention) Filing fees Inventor’s oath or declaration The specific requirements…
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