What changes were introduced by the Patent Law Treaties Implementation Act of 2012 (PLTIA) regarding filing date requirements?
The Patent Law Treaties Implementation Act of 2012 (PLTIA) introduced significant changes to the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a). The MPEP states: Effective December 18, 2013, the Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the patent laws to implement the provisions of the Patent Law Treaty in…
Read MoreWhat are the requirements for a design patent application to receive a filing date?
For a design patent application to receive a filing date, it must include: A specification as prescribed by 35 U.S.C. 112 At least one claim Any required drawings These requirements apply to design applications regardless of filing date. The USPTO states: The filing date for a design application, except for a continued prosecution application (CPA)…
Read MoreWhen can benefit be claimed under 35 U.S.C. 386(c) for international design applications?
The ability to claim benefit under 35 U.S.C. 386(c) for international design applications is subject to specific timing requirements. According to MPEP § 211.01(d): 37 CFR 1.78(j) provides that benefit under 35 U.S.C. 386(c) with respect to an international design application can only be claimed in nonprovisional applications, international applications, and international design applications filed…
Read MoreWhat are the requirements for an international design application to be entitled to a filing date?
For an international design application to be used as a basis for claiming benefit, it must meet specific filing date requirements. MPEP § 211.01(d) states: To obtain benefit of the filing date of a prior international design application designating the United States, the international design application must be entitled to a filing date in accordance…
Read MoreWhat are the filing date requirements for nonprovisional applications under the Patent Law Treaties Implementation Act?
The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013. The key changes are: Nonprovisional applications (except for design patent applications) no longer require at least one claim or any drawings to receive a filing date. For…
Read MoreWhat are the filing date requirements for nonprovisional patent applications?
The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013: Non-design applications no longer require at least one claim or any drawings to receive a filing date Design patent applications still…
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