What are the filing date requirements for nonprovisional applications filed on or after December 18, 2013?
For nonprovisional applications filed on or after December 18, 2013, the filing date requirements have been simplified. The MPEP states: For applications filed on or after December 18, 2013, the filing date of a nonprovisional application filed under 35 U.S.C. 111(a), other than a design patent application, is the date on which a specification, with…
Read MoreCan an oath or declaration be filed after the application filing date?
Yes, an oath or declaration can be filed after the application filing date. However, there are important considerations: A surcharge may be required if the oath or declaration is not present on the filing date. The application must be in condition for allowance before the oath or declaration is filed to avoid abandonment. The oath…
Read MoreCan drawings be added to a patent application after the filing date?
Can drawings be added to a patent application after the filing date? According to MPEP 608.04(a), adding drawings to a patent application after the filing date is generally considered new matter. The MPEP states: “Matter not present on the filing date of the application in the specification, claims, or drawings that is added after the…
Read MoreHow can an applicant appeal a refusal to grant a filing date?
An applicant can appeal a refusal to grant a filing date by submitting a petition. The MPEP states: “Any review of the refusal to grant a filing date as of the date of deposit of the application would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)).” When submitting a petition,…
Read MoreWhat is irreparable damage in the context of patent applications?
Irreparable damage, in the context of patent applications, refers to a situation where a filing date is crucial to preserve the rights of an applicant or to prevent severe harm. According to MPEP 409.03(g): Irreparable damage may be established by a pre-AIA 37 CFR 1.47(b) applicant by a showing (a statement) that a filing date…
Read MoreWhat happens if drawings are required but not filed with a patent application?
If drawings are required for a patent application but not filed with the initial submission, the following process typically occurs: The Office will send a Notice of Incomplete Application to the applicant. The applicant will have two months from the filing date (or notice mail date, whichever is later) to file the drawings and pay…
Read MoreWhat is the relevance of MPEP 409.03(f) to applications filed on or after September 16, 2012?
MPEP 409.03(f) is not applicable to patent applications filed on or after September 16, 2012. This is clearly stated at the beginning of the section: “[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012. See MPEP §§ 325, 409.05, and 605 for information pertaining to applications for…
Read MoreIs MPEP 409.03(g) applicable to all patent applications?
No, MPEP 409.03(g) is not applicable to all patent applications. As stated in the editor’s note at the beginning of the section: This MPEP section is not applicable to applications filed on or after September 16, 2012. This means that the guidance provided in MPEP 409.03(g) regarding proof of irreparable damage only applies to patent…
Read MoreHow does the USPTO handle new matter introduced in continuation-in-part applications?
How does the USPTO handle new matter introduced in continuation-in-part applications? Continuation-in-part (CIP) applications are a special case when it comes to new matter. The MPEP 608.04 states: ‘In the case of a continuation-in-part application, any claim directed to matter which was not described in the parent nonprovisional application in the manner provided by the…
Read MoreWhat happens if a nonprovisional application is filed without drawings but they are necessary?
What happens if a nonprovisional application is filed without drawings but they are necessary? If a nonprovisional application is filed without drawings, but drawings are necessary for understanding the subject matter sought to be patented, the USPTO will send a Notice of Incomplete Application. The MPEP states: If drawings are necessary under 35 U.S.C. 113…
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