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…
Read MoreWhat 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…
Read MoreHow do I properly claim the benefit of a prior application?
To properly claim the benefit of a prior application, you must include a specific reference to the prior application. For applications filed on or after September 16, 2012, this reference must be included in an application data sheet (ADS). For applications filed before September 16, 2012, the reference must be in an ADS and/or in…
Read MoreWhere should the benefit claim reference be included in a patent application?
The location of the benefit claim reference depends on the filing date of the application: For applications filed before September 16, 2012: The reference must be included in the first sentence(s) of the specification following the title or in an application data sheet (ADS). For applications filed on or after September 16, 2012: The specific…
Read MoreWhat 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…
Read MoreWhat are the main types of patent applications mentioned in MPEP 201?
The MPEP 201 outlines several main types of patent applications: Nonprovisional applications for patent Provisional applications for patent International applications Design applications Plant applications Reissue applications Divisional applications Continuation applications Continuation-in-part applications Each type serves a specific purpose in the patent application process and has its own requirements and procedures. For more information on divisional,…
Read MoreWhat are the different types of patent applications recognized by the USPTO?
The United States Patent and Trademark Office (USPTO) recognizes several types of patent applications. According to MPEP 201, these include: Nonprovisional applications for patent, including utility, design, and plant patent applications Provisional applications for patent International applications filed under the Patent Cooperation Treaty (PCT) Reissue applications Divisional applications Continuation applications Continuation-in-part applications Each type of…
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 MoreWhat types of continuing applications are recognized in patent law?
Patent law recognizes several types of continuing applications. According to the MPEP: 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. The three main types of continuing applications are: Continuation: Pursues additional claims to an invention disclosed…
Read MoreWhat happens if the examiner determines that a continuation or divisional application contains new matter?
If an examiner determines that a continuation or divisional application contains new matter relative to the prior application, the following steps will occur: The examiner will notify the applicant in the next Office action. The examiner will indicate that the application should be redesignated as a continuation-in-part (CIP). According to MPEP 602.05: If the examiner…
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