What happens if I file a nonpublication request and later decide to file a foreign application?

If you file a nonpublication request and later decide to file a counterpart foreign or international application, you must take one of the following actions: Rescind the nonpublication request before filing the foreign or international application, or Notify the USPTO of the foreign filing no later than 45 days after the filing date of the…

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What are the requirements for claiming priority in a design patent application?

Claiming priority in a design patent application involves meeting specific requirements. MPEP 1504.10 outlines these requirements: “In addition to the filing of the claim for priority, 35 U.S.C. 119(b) requires a certified copy of the foreign application. The priority claim and certified copy must be filed in the United States Patent and Trademark Office before…

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What is the requirement for filing a certified copy of the foreign application when claiming priority?

When claiming foreign priority, applicants are generally required to file a certified copy of the foreign application within a specified time period. The requirements and deadlines for filing the certified copy depend on the type of application and the circumstances of the filing. According to MPEP 213.04: “37 CFR 1.55(g) sets forth the requirements for…

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What is the priority document exchange program and how does it affect the certified copy requirement?

The priority document exchange program is a bilateral or multilateral agreement between the USPTO and participating foreign intellectual property offices that allows for the electronic exchange of priority documents. This program can satisfy the requirement for filing a certified copy of a foreign application under certain conditions. According to 37 CFR 1.55(i), the certified copy…

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