What steps were taken if an inventor’s signature was missing from a continuation or divisional application?
If an inventor’s signature was missing from a continuation or divisional application, the Office of Patent Application Processing (OPAP) would typically take the following steps: Send a “Notice to File Missing Parts” requiring the signature of the nonsigning inventor. If a copy of the decision according status under pre-AIA 37 CFR 1.47 was not included…
Read MoreCan a copy of the original oath or declaration be used in a continuation or divisional application?
No, a copy of the original oath or declaration cannot be used in a continuation or divisional application filed under 37 CFR 1.53(b). A new oath or declaration must be filed. According to MPEP 602.02: ‘A new oath or declaration in compliance with 37 CFR 1.63 or 1.67 is required in a continuation or divisional…
Read MoreHow were applications with pre-AIA 37 CFR 1.47 status handled in continuation or divisional filings?
Applications with pre-AIA 37 CFR 1.47 status were given special consideration in continuation or divisional filings. The MPEP states: “A continuation or divisional application of a prior application accorded status under pre-AIA 37 CFR 1.47 will be accorded status under pre-AIA 37 CFR 1.47 if a copy of the decision according pre-AIA 37 CFR 1.47…
Read MoreCan I file a priority claim in a continuation or divisional application?
Yes, you can file a priority claim in a continuation or divisional application, but there are specific rules you must follow. According to MPEP 214.01: ‘In the case of a continuation or divisional application filed under 35 U.S.C. 111(a), the claim for priority must be made during the pendency of the application and within the…
Read MoreHow are continuation or divisional applications filed under former 37 CFR 1.62 treated now?
The treatment of continuation or divisional applications filed under former 37 CFR 1.62 depends on the filing date of the original application: For applications filed on or after June 8, 1995: Requests filed on or after December 1, 1997, are treated as requests for continued examination (RCE) under 37 CFR 1.114. For applications filed before…
Read MoreWhat are the requirements for submitting an IDS in a continuation, divisional, or continuation-in-part application?
For continuation, divisional, or continuation-in-part applications filed under 37 CFR 1.53(b), the requirements for submitting an Information Disclosure Statement (IDS) depend on whether the information was previously considered in the parent application. The MPEP provides the following guidance: If the information was considered in the parent application, it need not be resubmitted unless the applicant…
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