What is the significance of filing dates in patent applications?
Filing dates are crucial in patent law as they establish priority and can affect the patentability of an invention. The MPEP 201.02 discusses various application types and their relationship to filing dates: Original applications (including first filings and continuing applications) generally retain their filing date for priority purposes. Continuing applications (continuations, divisionals, and continuations-in-part) can…
Read MoreWhen is a newly executed inventor’s oath or declaration required in a continuing application?
For continuing applications (continuation, divisional, continuation-in-part) filed on or after September 16, 2012 under 37 CFR 1.53(b), a newly executed inventor’s oath or declaration is generally not required if: An oath or declaration complying with 35 U.S.C. 115 and 37 CFR 1.63 (or substitute statement under 37 CFR 1.64) was filed in the earlier-filed application…
Read MoreHow is ownership established in continuing patent applications filed before September 16, 2012?
For continuing applications (continuation or divisional) filed under 37 CFR 1.53(b) before September 16, 2012, ownership can be established in one of two ways: The application papers can contain a copy of a statement filed under pre-AIA 37 CFR 3.73(b) in the parent application. A newly executed statement under pre-AIA 37 CFR 3.73(b) can be…
Read MoreWhat happens to a power of attorney in a continuing patent application?
For applications filed on or after September 16, 2012, 37 CFR 1.32(d) provides that a power of attorney from a prior national application may have effect in a continuing application if: A copy of the power of attorney from the prior application is filed in the continuing application The power of attorney was not granted…
Read MoreCan I file a priority claim in a continuing application?
Can I file a priority claim in a continuing application? Yes, you can file a priority claim in a continuing application, but there are specific requirements and deadlines to consider. 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…
Read MoreCan I file a divisional-continuation application?
Can I file a divisional-continuation application? Yes, you can file a divisional-continuation application, which is a hybrid type of continuing application. This type of application combines aspects of both divisional and continuation applications. According to MPEP 201.06(c): “The disclosure presented in a divisional application must not include any subject matter which would constitute new matter…
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