How is the filing date determined for an international design application filed indirectly?

The filing date for an international design application filed indirectly through the office of a Contracting Party is determined as follows: For applications governed exclusively by the 1999 Act: The filing date is the date the application was received by the office of the Contracting Party, provided it is received by the International Bureau within…

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How is the date of International Registration determined?

The date of International Registration is determined according to Article 10(2) of the Hague Agreement, as explained in MPEP 2907: “Pursuant to Article 10(2), the date of international registration will be the international filing date (see MPEP § 2906) unless there is an applicable requirement under Hague Agreement Article 5(2) that has not been satisfied,…

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What happens if a requester fails to remedy defects in an ex parte reexamination request?

If a requester fails to remedy defects in an ex parte reexamination request after receiving a notice of non-compliance, the request will not be granted a filing date. The MPEP 2227 states: “If after receiving a ‘Notice of Failure to Comply with Ex Parte Reexamination Request Filing Requirements,’ the requester does not remedy the defects…

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How do examiners determine which claims in a CIP application are entitled to the parent application’s filing date?

Examiners must carefully analyze each claim in a Continuation-In-Part (CIP) application to determine which are entitled to the parent application’s filing date. The MPEP 2133.01 provides guidance: “If an application is a continuation-in-part of an earlier U.S. application or international application, any claims in the new application not supported by the specification and claims of…

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Can the incorporation by reference of the Sequence Listing XML be added after the filing date?

Can the incorporation by reference of the Sequence Listing XML be added after the filing date? Yes, the incorporation by reference of the Sequence Listing XML can be added after the filing date, but there are specific conditions and potential consequences to be aware of. According to MPEP 2413.04: “An incorporation by reference statement added…

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