What are the consequences of failing to timely submit a benefit claim under 35 U.S.C. 120 in a design patent application?

Failing to timely submit a benefit claim under 35 U.S.C. 120 in a design patent application can have significant consequences: The application may lose the benefit of the earlier filing date. It may be considered a waiver of any benefit under 35 U.S.C. 120, 121, 365(c), or 386(c). The loss of the earlier filing date…

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What authority does the Director of International Patent Legal Administration have over international search reports?

The Director of International Patent Legal Administration has significant authority over matters related to international search reports. This includes: Deciding petitions to review the refusal to accord a filing date to an international application Deciding matters in international applications related to a refusal to accord an international filing date or a filing date different from…

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Can I use any Priority Mail Express® service for patent application submissions?

Can I use any Priority Mail Express® service for patent application submissions? No, not all Priority Mail Express® services are acceptable for patent application submissions. The USPTO specifically requires the use of USPS Priority Mail Express® service. According to MPEP 513: “The Priority Mail Express® Post Office to Addressee service is the only USPS overnight…

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