What is the time limit for filing a certified copy of a foreign application in a U.S. patent application filed on or after March 16, 2013?

For applications filed under 35 U.S.C. 111(a) on or after March 16, 2013, 37 CFR 1.55(f)(1) requires that a certified copy of the foreign application be filed within the later of: Four months from the actual filing date of the application, or Sixteen months from the filing date of the prior foreign application This time…

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What happens if I fail to file a nonprovisional application within 12 months of my provisional application?

What happens if I fail to file a nonprovisional application within 12 months of my provisional application? If you fail to file a nonprovisional application within 12 months of your provisional application’s filing date, you will lose the benefit of the provisional application’s filing date. The MPEP states: “A provisional application expires 12 months after…

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Are there different priority claim requirements for design patent applications?

Yes, design patent applications have different requirements for filing priority claims compared to utility patent applications. The main difference is in the time period for filing the claim. As stated in MPEP 214.01: “The time periods set forth in 37 CFR 1.55(d) do not apply to design applications.” For design applications, the MPEP further clarifies:…

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What is the deadline for filing a benefit claim under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c)?

The deadline for filing a benefit claim depends on the type of application: For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of: Four months from the actual filing date of the application, or Sixteen months from the filing date of the prior application For nonprovisional applications entering the…

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What is the filing deadline for a continuation application?

What is the filing deadline for a continuation application? A continuation application must be filed before the patenting, abandonment, or termination of proceedings on the prior application. The MPEP 201.07 states: “To be entitled to the benefit of the filing date of an earlier-filed application, the later-filed application must be an application for a patent…

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