How are assignment records for related patent applications handled?

The handling of assignment records for related patent applications, such as divisional, continuation, or continuation-in-part applications, is addressed in MPEP 301.01. The key point is: If the application on which a patent was granted is a division, continuation, or continuation-in-part of an earlier application, the assignment records of that earlier application will be open to…

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What types of applications can be filed as a Continued Prosecution Application (CPA)?

A Continued Prosecution Application (CPA) can be filed for specific types of applications. According to MPEP 201.06(d): Effective July 14, 2003, CPA practice under 37 CFR 1.53(d) is not available for utility and plant applications. This means that CPAs are limited to: Design applications: Applications for design patents can be filed as CPAs. Continuation applications:…

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What is the difference between applications filed under 37 CFR 1.53(b) and 37 CFR 1.53(d) regarding affidavits?

The treatment of affidavits and declarations differs between applications filed under 37 CFR 1.53(b) and those filed under 37 CFR 1.53(d). According to MPEP ¶ 2.03: “Do not use this form paragraph in applications filed under 37 CFR 1.53(d) since affidavits and/or declarations, such as those submitted under 37 CFR 1.130, 1.131 and 1.132 filed…

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What is the significance of 37 CFR 1.53(d) applications regarding affidavits and declarations?

Applications filed under 37 CFR 1.53(d) have a unique treatment of affidavits and declarations. According to MPEP ¶ 2.03: “Do not use this form paragraph in applications filed under 37 CFR 1.53(d) since affidavits and/or declarations, such as those submitted under 37 CFR 1.130, 1.131 and 1.132 filed during the prosecution of the parent nonprovisional…

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What is the difference in handling affidavits between applications filed under 37 CFR 1.53(b) and 37 CFR 1.53(d)?

There is a significant difference in how affidavits are handled between applications filed under 37 CFR 1.53(b) and 37 CFR 1.53(d). According to MPEP ¶ 2.03: “Do not use this form paragraph in applications filed under 37 CFR 1.53(d) since affidavits and/or declarations, such as those submitted under 37 CFR 1.130, 1.131 and 1.132 filed…

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What is copendency and why is it important for benefit claims?

Copendency refers to the requirement that a later-filed application claiming benefit of a prior application must be filed before the prior application is patented, abandoned, or proceedings are terminated. Copendency is crucial because: It establishes a continuous chain of pending applications It allows the later application to claim the earlier filing date Without copendency, the…

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What is the significance of the change from 37 CFR 1.60 to 37 CFR 1.53(b) for patent applicants?

The change from 37 CFR 1.60 to 37 CFR 1.53(b) represents a significant shift in the procedure for filing continuation and divisional applications. After December 1, 1997, all such applications are processed under 37 CFR 1.53(b), which may have different requirements and procedures. Patent applicants need to be aware of this change to ensure they…

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