Can I file a nonpublication request after submitting my patent application?
No, you cannot file a nonpublication request after submitting your patent application. According to MPEP 1122: “A nonpublication request must be filed upon the filing of the application. This is a statutory requirement and cannot be waived.“ The request must be included with the application papers at the time of filing. It cannot be filed…
Read MoreHow many copies of an international patent application are required when filing with the United States Receiving Office?
When filing an international patent application with the United States Receiving Office, only one copy of the application is required. This is specified in MPEP 1812, which states: “Only one copy of the international application need be filed in the United States Receiving Office“ This requirement is based on 37 CFR 1.433(a), which governs the…
Read MoreWhat happens if PCT Article 34 amendments are not properly filed?
What happens if PCT Article 34 amendments are not properly filed? Improperly filed PCT Article 34 amendments can have significant consequences. The MPEP 1864.01 provides guidance on this issue: “If the applicant files an amendment with the demand (PCT Article 34), the amendment shall be referred to in the appropriate place in the report (PCT…
Read MoreWhat are the requirements for Article 19 Amendments filed after July 1, 2009?
Article 19 Amendments filed after July 1, 2009 have specific requirements. According to MPEP 1893.01(a)(2), these amendments must include a complete claim set. This is in contrast to amendments filed before July 1, 2009, which did not have this requirement. The MPEP states: “Article 19 amendments filed before July 1, 2009 were not required to…
Read MoreWhat are the key differences between nonprovisional and provisional applications?
The MPEP outlines several significant differences between nonprovisional applications filed under 35 U.S.C. 111(a) and provisional applications filed under 35 U.S.C. 111(b): No claim is required in a provisional application. No oath or declaration is required in a provisional application. Provisional applications will not be examined for patentability. A provisional application is not entitled to…
Read MoreWhat happens if a patent application is filed without claims after December 18, 2013?
For applications filed on or after December 18, 2013, the absence of claims does not prevent the assignment of a filing date. However, claims must be submitted to complete the application. The MPEP explains: If an application (other than an application for a design patent) is filed on or after December 18, 2013, without any…
Read MoreAre drawings required for a patent application to receive a filing date under the new rules?
For applications filed on or after December 18, 2013, drawings are not required to receive a filing date, except for design patent applications. However, it’s important to note that drawings may still be necessary for understanding the invention. The MPEP clarifies: Also, for applications filed on or after December 18, 2013, an application (other than…
Read MoreWhen are drawings required in a patent application?
According to 35 U.S.C. 113, drawings are required ‘where necessary for the understanding of the subject matter sought to be patented.’ Specifically: For applications filed on or after December 18, 2013 (except design applications), drawings are not required to receive a filing date, but may still be necessary to fully disclose the invention. For applications…
Read MoreWhen are duplicate copies of patent correspondence required?
While the USPTO generally discourages filing duplicate copies, there are situations where separate copies are necessary. According to MPEP 502.04: Since each file must be complete in itself, a separate copy of every paper to be filed in a patent, patent file, or other proceeding must be furnished for each file to which the paper…
Read MoreWhat are the requirements for completing a nonprovisional application filed on or after December 18, 2013?
For nonprovisional applications filed on or after December 18, 2013, the requirements for completion include: Submitting the appropriate filing fee, search fee, and examination fee Filing an inventor’s oath or declaration For applications other than design applications, submitting at least one claim Submitting any required drawings The MPEP states: If an application which has been…
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