What is the impact of continuation-in-part applications on effective filing dates?

Continuation-in-part (CIP) applications can have a significant impact on effective filing dates. According to MPEP 2154.01(b): The AIA draws a distinction between actually filed and effectively filed dates. The “effectively filed” date of a subject matter described in a U.S. patent document is the earlier of: (1) The actual filing date of the patent or…

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What is required when depositing biological material after the filing date of a patent application?

When depositing biological material after the effective filing date of a patent application, the applicant must promptly submit a corroborating statement. According to MPEP 2406.02: “When the original deposit is made after the effective filing date of an application for patent, an applicant is required to promptly submit a statement from a person in a…

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How does submitting a benefit claim under 35 U.S.C. 119(e) help overcome a pre-AIA 35 U.S.C. 102(b) rejection?

Submitting a benefit claim under 35 U.S.C. 119(e) can help overcome a pre-AIA 35 U.S.C. 102(b) rejection by potentially changing the effective filing date of your application. Here’s how it works: Submit and perfect the benefit claim under 35 U.S.C. 119(e) by complying with the requirements of 37 CFR 1.78. If successful, the examiner must…

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How does the AIPA affect the critical reference date for continuations and divisionals?

The American Inventors Protection Act of 1999 (AIPA) has a significant impact on the critical reference date for continuations and divisionals. According to MPEP 2136.03: “The AIPA amended 35 U.S.C. 102(e) to eliminate the reference to the date of invention. The critical reference date of a U.S. patent or patent application publication under pre-AIA 35…

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