How do I request deletion of a named inventor in a CPA for design applications?
To request deletion of a named inventor in a Continued Prosecution Application (CPA) for design applications, you need to file a proper request with the USPTO. According to MPEP § 201, specifically paragraph 2.32: In a continued prosecution application (CPA) for a design application (37 CFR 1.53(d)), a request to delete a named inventor from…
Read MoreWhat is the difference in priority claim requirements for design applications compared to utility applications?
The main differences in priority claim requirements for design applications compared to utility applications are: Time limit: Design applications can claim priority at any time during pendency, while utility applications have specific deadlines Restoration of priority: Not applicable to design applications MPEP 214.01 states: “The time periods set forth in 37 CFR 1.55(d) do not…
Read MoreWhat happens if I miss the deadline for filing a foreign priority claim?
If you miss the deadline for filing a foreign priority claim, you may still have options: Unintentional delay: You can file a petition to accept an unintentionally delayed priority claim under 37 CFR 1.55(e). This petition must be filed within the later of four months from the actual filing date of the application or sixteen…
Read MoreHow does the PDX program work for USPTO design applications?
The USPTO attempts to retrieve foreign applications for design applications through the PDX program where possible. Specifically for Spanish industrial design applications: The Spanish Patent and Trademark Office deposits certain ES industrial design applications for access by the USPTO via the WIPO DAS. Therefore, when the applicant claims foreign priority to an ES industrial design…
Read MoreCan a Continued Prosecution Application (CPA) be filed for design applications?
Yes, a Continued Prosecution Application (CPA) can be filed for design applications. In fact, as of September 8, 2000, CPAs are only available for design applications. According to MPEP 201.06(d): ‘Effective July 14, 2003, CPA practice has been eliminated as to utility and plant applications. CPAs can only be filed for design applications.’ This means…
Read MoreWhat are the types of national applications mentioned in MPEP 201.01?
MPEP 201.01 outlines several types of national applications that can be filed with the USPTO. These include: Original (nonprovisional) applications Reissue applications Design applications Plant applications Provisional applications As stated in MPEP 201.01: ‘National applications include original (nonprovisional), reissue, design, plant, and provisional applications.’ Each of these application types serves a specific purpose in the…
Read MoreHow does PDX apply to U.S. design applications?
PDX for U.S. design applications has specific considerations, as explained in MPEP 215.01: The USPTO will attempt retrieval of foreign applications to which priority is claimed in a U.S. design application where possible. The Spanish Patent and Trademark Office deposits certain ES industrial design applications for access by the USPTO via the WIPO DAS. Therefore,…
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