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…

Read More

What is the time limit for filing a divisional application?

What is the time limit for filing a divisional application? There is no specific time limit for filing a divisional application, but there are important considerations that effectively create a practical time frame: Parent Application Status: The divisional application must be filed while the parent application is still pending. Once the parent application is either…

Read More

What happens if I miss the 12-month deadline for filing a nonprovisional application?

What happens if I miss the 12-month deadline for filing a nonprovisional application? If you miss the 12-month deadline for filing a nonprovisional application claiming the benefit of a provisional application, you generally lose the ability to claim that earlier filing date. The MPEP 201.04 states: “If a provisional application is not filed in compliance…

Read More

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

For an original application filed under 35 U.S.C. 111(a) on or after March 16, 2013, a certified copy of the foreign application must 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, except as provided in…

Read More

How do I file a foreign priority claim for an international application entering the national stage in the U.S.?

For international applications entering the national stage in the United States under 35 U.S.C. 371, the process for filing a foreign priority claim is different from regular U.S. applications. According to MPEP 214.01: “The claim for priority must be made within the time limit set forth in the PCT and the Regulations under the PCT…

Read More

What happens if I miss the 12-month deadline for filing a U.S. nonprovisional application claiming priority to a foreign application?

What happens if I miss the 12-month deadline for filing a U.S. nonprovisional application claiming priority to a foreign application? If you miss the 12-month deadline for filing a U.S. nonprovisional application claiming priority to a foreign application, you may still be able to file the application, but you’ll lose the right to claim priority…

Read More

What happens if I miss the 12-month deadline for filing a nonprovisional application after a provisional application?

What happens if I miss the 12-month deadline for filing a nonprovisional application after a provisional application? If you miss the 12-month deadline for filing a nonprovisional application claiming the benefit of a provisional application, you lose the right to claim that benefit. The MPEP states: A provisional application is not entitled to the right…

Read More