When did the current version of 37 CFR 1.56 become applicable?
The applicability of the current version of 37 CFR 1.56, particularly paragraph (c)(3), depends on the filing date of the patent application. According to the MPEP: “[Editor Note: Para. (c)(3) below is applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012.]” This means that for patent…
Read MoreAre the transitional application provisions applicable to applications filed after June 8, 1995?
No, the transitional application provisions are not applicable to applications filed after June 8, 1995. The MPEP clearly states: “37 CFR 1.129(c) clarifies that the provisions of 37 CFR 1.129(a) and (b) are not applicable to any application filed after June 8, 1995.“ However, it’s important to note that while these specific provisions do not…
Read MoreWhat are the requirements for translating a sequence listing in a PCT application?
The requirements for translating a sequence listing in a PCT application depend on the international filing date: For applications filed on or after July 1, 2022: An English translation is required for any Sequence Listing XML containing non-English language values for language-dependent free text qualifiers, in accordance with 37 CFR 1.831 through 1.834. For applications…
Read MoreCan a reissue application be granted a filing date without all required documents?
Yes, according to MPEP 1403, a reissue application can be granted a filing date even if certain documents or fees are missing. The MPEP states: “A reissue application can be granted a filing date without an oath or declaration, or without the basic filing fee, search fee, or examination fee being present. See 37 CFR…
Read MoreCan the Priority Mail Express® procedure be used for filing papers in PCT applications?
Yes, the Priority Mail Express® procedure can be used for filing papers in PCT applications with the USPTO. According to MPEP 1834: “The Priority Mail Express® procedure set forth at 37 CFR 1.10 applies to papers filed with the U.S. Patent and Trademark Office (USPTO) in international applications. Accordingly, papers filed with the USPTO in…
Read MoreHow does the Plant Patent Application Declaration differ for applications filed before and after September 16, 2012?
The requirements for plant patent application declarations differ slightly depending on whether the application was filed before or after September 16, 2012. MPEP 1604 outlines these differences: For applications filed on or after September 16, 2012: The declaration must comply with 37 CFR 1.63 or 37 CFR 1.64. For applications filed before September 16, 2012:…
Read MoreHow does the process of claiming foreign priority differ for reissue applications filed before and after September 16, 2012?
The process of claiming foreign priority in reissue applications differs based on whether the application was filed before or after September 16, 2012. Here’s a breakdown of the differences: For reissue applications filed on or after September 16, 2012: MPEP 1417 states: “For reissue applications filed on or after September 16, 2012, the foreign priority…
Read MoreWhat is the filing date of a U.S. national stage application?
The filing date of a U.S. national stage application is the same as the international filing date of the PCT application. As stated in the MPEP, “the filing date of the international stage application is also the filing date for the national stage application.” This is based on 35 U.S.C. 363, which provides that “An…
Read MoreHow does the filing date of a divisional application affect the safe harbor protection?
How does the filing date of a divisional application affect the safe harbor protection? The filing date of a divisional application is crucial for determining whether it qualifies for the safe harbor protection under 35 U.S.C. 121. According to MPEP 804.01: “The U.S. Court of Appeals for the Federal Circuit has concluded that the protection…
Read MoreHow is the filing date determined for a national application under 35 U.S.C. 111(a) compared to a national stage application under 35 U.S.C. 371?
The filing date determination differs between these two types of applications: For a national application under 35 U.S.C. 111(a): The filing date is generally the date when a specification is received by the USPTO, as per 37 CFR 1.53(b). For a national stage application under 35 U.S.C. 371: The filing date is the international filing…
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