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 MoreWhat 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 MoreWhat 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 MoreCan I restore the right of priority if I miss the 12-month filing deadline?
Yes, it is possible to restore the right of priority if you miss the 12-month filing deadline (6 months for design applications). As provided in 37 CFR 1.55(c), if the subsequent application is filed within two months from the expiration of the priority period, the right of priority may be restored upon petition. The petition…
Read MoreWhat 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 MoreWhat is a certified copy of a foreign application and when must it be filed?
A certified copy of a foreign application is an official copy of the foreign patent application, certified by the patent office where it was filed. It is required to perfect a claim of foreign priority in a U.S. patent application. According to 37 CFR 1.55(f), for applications filed on or after March 16, 2013: “A…
Read MoreWhat is the deadline for filing a foreign priority claim in a U.S. patent application?
The deadline for filing a foreign priority claim in a U.S. patent application depends on the type of application: For applications filed under 35 U.S.C. 111(a), the claim 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…
Read MoreHow 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 MoreWhat 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 MoreWhat 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