Can I file a continuing application based on an international design application?
Yes, you can file a continuing application based on an international design application that designates the United States. The MPEP 2920 states: “An applicant may file a continuing application that claims priority to an international design application designating the United States in accordance with 35 U.S.C. 386(c).” This means that you can file continuation, divisional,…
Read MoreHow does filing a continuing application affect patent term adjustment?
Filing a continuing application can significantly impact patent term adjustment. According to 37 CFR 1.704(c)(14): “Further prosecution via a continuing application, in which case the period of adjustment set forth in 37 CFR 1.703 shall not include any period that is prior to the actual filing date of the application that resulted in the patent.”…
Read MoreWhat is a “bypass” application in the context of PCT applications?
A “bypass” application refers to the filing of a continuation, divisional, or continuation-in-part application of a PCT application designating the United States. This is based on the provisions of U.S. patent law, specifically 35 U.S.C. 363 and 35 U.S.C. 365(c). As stated in the MPEP, “The filing of a continuation, divisional, or continuation-in-part application of…
Read MoreWhat are the requirements for filing a continuation or divisional of a PCT application in the US?
To file a continuation or divisional of a PCT application designating the United States, the following requirements must be met: The PCT application must be pending (not abandoned) at the time of filing the continuation or divisional. The continuation or divisional must be filed before the patenting, abandonment, or termination of proceedings on the PCT…
Read MoreDoes filing an RCE result in a new reissue application?
No, filing a Request for Continued Examination (RCE) does not result in a new reissue application. The MPEP 1452 clearly states: “An RCE continues the prosecution of the existing reissue application and is not a filing of a new reissue application.” This means that the RCE simply allows for continued examination of the current reissue…
Read MoreHow does a continuing application affect double patenting considerations?
How does a continuing application affect double patenting considerations? Continuing applications, such as continuations, divisionals, and continuations-in-part (CIPs), can significantly impact double patenting considerations. According to MPEP 804.02: “A continuation-in-part application filed as a utility application is examined in the same manner as a continuation application… with respect to double patenting.” Key points to consider:…
Read MoreWhat is a ‘bypass’ application in patent law?
A ‘bypass’ application refers to a continuation, divisional, or continuation-in-part of an international (PCT) application filed under 35 U.S.C. 111(a) instead of entering the national stage under 35 U.S.C. 371. As stated in MPEP 211.01(c): Rather than submitting a national stage application under 35 U.S.C. 371, applicant may file a continuation, divisional, or continuation-in-part of…
Read MoreWhat is a ‘continuing application’ in patent law?
A continuing application in patent law is a type of patent application that is related to an earlier-filed application. The MPEP defines it as follows: A continuing application is a continuation, divisional, or continuation-in-part application filed under the conditions specified in 35 U.S.C. 120, 121, 365(c), or 386(c) and 37 CFR 1.78. There are three…
Read MoreWhat happens to the prior application when a Continued Prosecution Application (CPA) is filed?
What happens to the prior application when a Continued Prosecution Application (CPA) is filed? When a Continued Prosecution Application (CPA) is filed, it has specific effects on the prior application. According to MPEP 201.06(d): ‘The filing of a CPA is a specific reference required by 35 U.S.C. 120 to every application assigned the application number…
Read MoreHow should a reference to a prior application be formatted in the specification?
The formatting of a reference to a prior application in the specification is crucial for proper processing. According to MPEP 211.02: The reference to the prior application must include the following terms: ‘This application is a continuation (or division, or continuation-in-part, as appropriate) of Application No. _____, filed _____.’ Additionally, the MPEP provides guidance on…
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