How does the transitional provision affect design patent applications filed before May 13, 2015?
For design patent applications filed before May 13, 2015, the transitional provision affects the term of the patent as follows: If the application was filed before May 13, 2015, and issues as a patent after May 13, 2015, it will have a 15-year term from the date of patent grant. If the application was both…
Read MoreHow does the filing date affect the term of a design patent?
The filing date of a design patent application is crucial in determining its term. The MPEP clearly states: “Patents issued from design applications filed on or after May 13, 2015 shall be granted for the term of fifteen years from the date of grant. However, patents issued from design applications filed before May 13, 2015…
Read MoreWhat 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…
Read MoreCan the certificate of mailing by first class mail procedure be used for PCT applications?
The certificate of mailing by first class mail procedure (37 CFR 1.8) cannot be used for filing papers during the international stage of PCT applications if the date of deposit is to be considered as the filing date. MPEP 1834 clearly states: “It is important to understand that the 37 CFR 1.8 certificate of mailing…
Read MoreWhat 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…
Read MoreWhat happens if a patent application is deposited with Priority Mail Express® but the USPS loses it?
What happens if a patent application is deposited with Priority Mail Express® but the USPS loses it? If a patent application is deposited with Priority Mail Express® and the USPS loses it, the USPTO will consider the application to be filed on the date of deposit, provided certain conditions are met. According to MPEP 513:…
Read MoreWhat should I do if the Priority Mail Express® label is illegible?
What should I do if the Priority Mail Express® label is illegible? If the Priority Mail Express® label on your patent application package becomes illegible, it’s crucial to take immediate action to protect your filing date. The MPEP 513 provides guidance on this situation: “If the Priority Mail Express® mailing label is not placed on…
Read MoreWhat happens if an express abandonment is filed on a weekend or holiday?
When an express abandonment is filed on a weekend or federal holiday, it is treated as received on the next business day. The MPEP 711.01 provides clear guidance on this: “A letter of express abandonment which is personally delivered to the Office on a Saturday, Sunday, or federal holiday within the District of Columbia, will…
Read MoreHow do I prove the date of deposit for Priority Mail Express® submissions to the USPTO?
How do I prove the date of deposit for Priority Mail Express® submissions to the USPTO? To prove the date of deposit for Priority Mail Express® submissions to the USPTO, you should: Retain the ‘date-in’ receipt from the USPS, which shows the ‘date-in’ of deposit with the USPS. Ensure the ‘date-in’ or the ‘date accepted’…
Read MoreCan 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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