What is the right of priority in a U.S. national stage application?
A U.S. national stage application may be entitled to a right of priority under 35 U.S.C. 119(a) and 365(b) based on a prior foreign application or international application designating at least one country other than the United States. As stated in the MPEP, “Pursuant to 35 U.S.C. 365(b) a U.S. national stage application shall be…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreWhat is the deadline for submitting certified copies in a national stage application?
What is the deadline for submitting certified copies in a national stage application? The deadline for submitting certified copies in a national stage application (35 U.S.C. 371) is as follows: Certified copies must be filed within the time limit set in 37 CFR 1.55(f). This is typically within the later of 4 months from the…
Read MoreWhat is the time limit for submitting a certified copy of a foreign application for priority claim?
What is the time limit for submitting a certified copy of a foreign application for priority claim? The time limit for submitting a certified copy of a foreign application for a priority claim depends on the specific circumstances of your application. According to MPEP 213.04: The time period for filing a certified copy of the…
Read MoreWhat happens if I fail to file a priority claim during the pendency of my application?
What happens if I fail to file a priority claim during the pendency of my application? If you fail to file a priority claim during the pendency of your application, you may lose the right to claim priority. According to MPEP 213.04: If the claim for priority or the certified copy of the foreign application…
Read MoreWhat is required to make a proper priority claim in a U.S. patent application?
To make a proper priority claim in a U.S. patent application, the applicant must provide specific information about the foreign application and file the claim within the required time period. The requirements differ slightly depending on the type of application. For applications filed on or after September 16, 2012, under 35 U.S.C. 111(a), MPEP 213.02…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreWhat is an ‘interim copy’ of a foreign application and when can it be used?
An ‘interim copy’ is a copy of the original foreign application from the applicant’s own records that can be submitted to satisfy the timeliness requirement for certified copies. According to 37 CFR 1.55(j): The copy must be clearly labeled as ‘Interim Copy’ It must be filed with a cover sheet identifying the foreign application It…
Read More