How are filing deadlines affected by USPTO closures?
When the USPTO is officially closed for an entire day due to adverse weather or other causes, it is considered a ‘Federal holiday within the District of Columbia’ under 35 U.S.C. 21. The MPEP states: Any action or fee due on such a day may be taken, or fee paid, on the next succeeding business…
Read MoreHow does the USPTO handle patent applications during postal service emergencies?
During postal service emergencies, the USPTO takes special measures to ensure patent applications are handled appropriately: The USPTO Director may designate the interruption or emergency as a ‘postal service interruption or emergency’ under 35 U.S.C. 21(a). This designation allows for the acceptance of filings that would have been timely filed if not for the postal…
Read MoreIs there a deadline for filing supplemental oaths or declarations after allowance?
The MPEP section 603.01 does not specify a deadline for filing supplemental oaths or declarations after allowance. It states: “Supplemental oaths and declarations covering the claims in the application may be filed after allowance as a matter of right.” This suggests that applicants have the right to file these documents at any time after allowance.…
Read MoreWhat are the time periods for filing priority or benefit claims in U.S. patent applications?
The time periods for filing priority or benefit claims in U.S. patent applications vary depending on the type of claim and application. Generally: For foreign priority claims under 35 U.S.C. 119(a)-(d) and (f), the claim must be made within the later of 4 months from the actual filing date or 16 months from the foreign…
Read MoreHow do I claim priority to a prior foreign patent application in a U.S. patent application?
To claim priority to an earlier-filed foreign application, the applicant must: 1. File the U.S. application within 12 months of the foreign application’s filing date (6 months for design applications).2. In the U.S. application, include a claim for priority that identifies the foreign application. For applications filed on/after 9/16/12, this must be in an ADS.3.…
Read MoreHow are filing deadlines affected by USPTO closures?
When the entire USPTO is officially closed for business for an entire day due to adverse weather or other causes: The day is considered a “Federal holiday within the District of Columbia” under 35 U.S.C. 21 Any action or fee due on such a day may be taken or paid on the next succeeding business…
Read MoreWhen should property rights statements to DOE or NASA be filed?
According to MPEP 150, property rights statements to DOE or NASA can be filed at any time, but they should be kept up-to-date to reflect accurate property rights at the time of application allowance. The MPEP states: Property rights statements to DOE or NASA may be filed at any time but should be updated if…
Read MoreWhat are the time limits for filing an interim copy of a foreign application?
The time limits for filing an interim copy of a foreign application are specified in 37 CFR 1.55(j). According to the MPEP: 37 CFR 1.55(j) also provides that the interim copy of the foreign application and cover sheet must be filed within the later of sixteen months from the filing date of the prior foreign…
Read More