Can I file a continuing application based on an international design application?

Yes, you can file a continuing application based on an international design application that designates the United States. The MPEP 2920 states: “An applicant may file a continuing application that claims priority to an international design application designating the United States in accordance with 35 U.S.C. 386(c).” This means that you can file continuation, divisional,…

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What is a “bypass” application in the context of PCT applications?

A “bypass” application refers to the filing of a continuation, divisional, or continuation-in-part application of a PCT application designating the United States. This is based on the provisions of U.S. patent law, specifically 35 U.S.C. 363 and 35 U.S.C. 365(c). As stated in the MPEP, “The filing of a continuation, divisional, or continuation-in-part application of…

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What are the requirements for filing a continuation or divisional of a PCT application in the US?

To file a continuation or divisional of a PCT application designating the United States, the following requirements must be met: The PCT application must be pending (not abandoned) at the time of filing the continuation or divisional. The continuation or divisional must be filed before the patenting, abandonment, or termination of proceedings on the PCT…

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How does a continuing application affect double patenting considerations?

How does a continuing application affect double patenting considerations? Continuing applications, such as continuations, divisionals, and continuations-in-part (CIPs), can significantly impact double patenting considerations. According to MPEP 804.02: “A continuation-in-part application filed as a utility application is examined in the same manner as a continuation application… with respect to double patenting.” Key points to consider:…

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What is a ‘bypass’ application in patent law?

A ‘bypass’ application refers to a continuation, divisional, or continuation-in-part of an international (PCT) application filed under 35 U.S.C. 111(a) instead of entering the national stage under 35 U.S.C. 371. As stated in MPEP 211.01(c): Rather than submitting a national stage application under 35 U.S.C. 371, applicant may file a continuation, divisional, or continuation-in-part of…

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What is a ‘continuing application’ in patent law?

A continuing application in patent law is a type of patent application that is related to an earlier-filed application. The MPEP defines it as follows: A continuing application is a continuation, divisional, or continuation-in-part application filed under the conditions specified in 35 U.S.C. 120, 121, 365(c), or 386(c) and 37 CFR 1.78. There are three…

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What information must be included in a benefit claim for continuations, divisionals, or continuation-in-part applications?

For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c), which include continuations, divisionals, and continuation-in-part applications, the benefit claim must include specific information about the relationship between the applications. The MPEP states: “For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c), the reference must include the relationship (i.e., continuation, divisional, or…

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