What patent application files are open to public inspection?
According to 37 CFR 1.11(a), the following patent application files are open to public inspection: Published applications Patents Statutory invention registrations The public can obtain copies of these files upon payment of the fee set forth in 37 CFR 1.19(b)(2). However, if an application was published in redacted form, the complete file may not be…
Read MoreWhat are the differences between design and plant patent applications?
Design and plant patent applications are two distinct types of patent applications, each protecting different aspects of inventions: Design Patent Applications:1. Protect the ornamental design of a functional item.2. Cover the visual appearance of an article of manufacture.3. Have a term of 15 years from the date of grant.4. Require drawings or photographs of the…
Read MoreAre there any exceptions to the time limits for filing foreign priority claims?
Yes, there are exceptions to the standard time limits for filing foreign priority claims, particularly for design patent applications and certain applications filed before November 29, 2000. According to 37 CFR 1.55(d)(1): The time periods in this paragraph do not apply if the later-filed application is:(i) An application for a design patent; or(ii) An application…
Read MoreWhat is a Continued Prosecution Application (CPA) in patent law?
A Continued Prosecution Application (CPA) is a type of patent application that allows applicants to continue prosecution of a parent application. It is governed by 37 CFR 1.53(d). According to MPEP ¶ 2.30, when a CPA is accepted, the examiner will use the following language: “The request filed on [filing date] for a Continued Prosecution…
Read MoreHow are color drawings and photographs handled in utility and design patent applications?
For utility and design patent applications, as well as related proceedings, color drawings and photographs are handled as follows, according to MPEP 608.02(c): Except for international applications, color photographs and color drawings in utility and design applications and proceedings will be stored in SCORE and a black and white copy thereof will be stored in…
Read MoreWhat is the Hague Agreement and how does it affect US design patent applications?
The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application to seek protection in multiple countries. The United States became a party to the Hague Agreement on May 13, 2015. According to 35 U.S.C. 385: An international design application designating the United…
Read MoreCan a patent application be filed without drawings?
Can a patent application be filed without drawings? In most cases, a patent application should include drawings if they are necessary to understand the invention. However, there are situations where an application can be filed without drawings. As stated in MPEP 601.01(f): ‘If the specification includes a sequence listing or large tables, those elements may…
Read MoreAre photographs allowed in patent applications?
Photographs are generally not permitted in utility and design patent applications, but exceptions exist. According to MPEP 608.01(f): Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the…
Read MoreWhat are the requirements for filing a CPA?
To file a Continued Prosecution Application (CPA), the following requirements must be met: The application must be for a design patent The prior application must be a complete design application as defined by 37 CFR 1.51(b) The CPA must be filed before the earliest of: Payment of the issue fee in the prior application Abandonment…
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