What is the filing date for a patent term extension application?
The filing date for a patent term extension application is determined according to 37 CFR 1.741(a). Specifically, “the filing date of an application for patent term extension is the date on which a complete application is received in the USPTO or filed pursuant to the certificate of mailing provisions of 37 CFR 1.8 or the…
Read MoreWhat is the purpose of PALM EXPO 2970 in reexamination requests?
PALM EXPO 2970 plays a crucial role in the processing of reexamination requests at the USPTO: It is a database system used for entering bibliographic data of reexamination requests. The system generates the official filing date for compliant requests. It facilitates the creation of notices regarding the filing date. PALM EXPO 2970 helps in tracking…
Read MoreWhat is the significance of the June 8, 1995 date for plant patent maintenance fees?
What is the significance of the June 8, 1995 date for plant patent maintenance fees? The date June 8, 1995, is significant for plant patent maintenance fees due to changes in patent law. According to MPEP 2504: “Plant patents which issue from applications filed on or after June 8, 1995 are subject to payment of…
Read MoreWhat is the filing date of an international design application in the United States?
According to MPEP 2908, the filing date of an international design application in the United States is typically the “effective registration date.” This is defined in 35 U.S.C. 381(a)(5) as “the date of international registration determined by the International Bureau under the treaty.” Specifically, 35 U.S.C. 384(a) states: “Subject to subsection (b), the filing date…
Read MoreWhat are the filing date requirements for an international design application?
The filing date requirements for an international design application are outlined in MPEP 2906. The International Bureau will accord a filing date to an application that meets the following criteria: The application is in one of the prescribed languages (English, French, or Spanish) It includes an indication that international registration under the Hague Agreement is…
Read MoreWhat happens if a request for ex parte reexamination is incomplete?
If a request for ex parte reexamination is incomplete, the person identified as requesting reexamination will be notified and generally given an opportunity to complete the request within a specified time. The MPEP 2227 states: “If the request does not include the fee for requesting ex parte reexamination required by paragraph (a) of this section…
Read MoreHow does the Hague Agreement affect the filing date of international design applications in the US?
The Hague Agreement significantly influences the filing date of international design applications in the United States. MPEP 2908 outlines how the agreement interacts with U.S. patent law: 1. The Hague Agreement establishes the concept of an “effective registration date,” which is determined by the International Bureau. 2. According to 35 U.S.C. 384(a): “Subject to subsection…
Read MoreHow does the Saturday, Sunday, or federal holiday exception work for the one-year grace period?
The MPEP provides an exception to the strict one-year grace period rule when the deadline falls on a weekend or federal holiday. Specifically, it states: “Publications, patents, public uses and sales will not bar a patent if the 1-year grace period otherwise ends on a Saturday, Sunday, or federal holiday and the application’s U.S. filing…
Read MoreWhat is the significance of the filing date in determining enablement?
The filing date is crucial in determining whether a specification is enabling. According to MPEP 2164.05(a), “The state of the art existing at the filing date of the application is used to determine whether a particular disclosure is enabling as of the filing date.” This means that the enablement requirement is evaluated based on what…
Read MoreWhat is the significance of the filing date in relation to the grace period?
The filing date of a patent application is crucial in determining whether a disclosure falls within the grace period and qualifies for the inventor-originated disclosure exception. According to MPEP 2153.01(a): “AIA 35 U.S.C. 102(b)(1)(A) first provides that a disclosure which would otherwise qualify as prior art under AIA 35 U.S.C. 102(a)(1) is excepted as prior…
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