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…

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Is 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…

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How 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…

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What 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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