What are the conditions for maintaining 35 U.S.C. 121 safe harbor protection?
What are the conditions for maintaining 35 U.S.C. 121 safe harbor protection? To maintain the safe harbor protection provided by 35 U.S.C. 121, certain conditions must be met. According to MPEP 804.01, the following conditions are crucial: The divisional application must be filed before the issuance of the patent on the other application. The divisional…
Read MoreShould applicants file preliminary amendments with their patent applications?
The USPTO generally advises against filing preliminary amendments with patent applications. According to MPEP 1121: “Applicants should not file any preliminary amendment with the application. Submitting applications without any accompanying preliminary amendment reduces the processing required of the Office, and will help to ensure that patent application publications are printed correctly.” Instead of filing preliminary…
Read MoreDoes the 35 U.S.C. 121 safe harbor protection apply to all types of continuing applications?
No, the safe harbor protection of 35 U.S.C. 121 does not apply to all types of continuing applications. According to the MPEP, the Federal Circuit has concluded that: “The protection afforded by section 121 to applications (or patents issued therefrom) filed as a result of a restriction requirement is limited to divisional applications.“ This means…
Read MoreHow does 35 U.S.C. 121 relate to restriction requirements in patent applications?
How does 35 U.S.C. 121 relate to restriction requirements in patent applications? 35 U.S.C. 121 is the statutory foundation for restriction requirements in patent applications. It states: “If two or more independent and distinct inventions are claimed in one application, the Director may require the application to be restricted to one of the inventions.” This…
Read MoreHow does continuity relate to copendency in patent applications?
Continuity in patent applications refers to the relationship of copendency of the same subject matter in two different applications naming the same inventor or at least one joint inventor in common. The MPEP 211.01(b) states: “The term ‘continuity’ is used to express the relationship of copendency of the same subject matter in two different applications…
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