What is a redacted publication request for patent applications?
A redacted publication request allows applicants who have filed applications in foreign countries to submit a redacted copy of their U.S. patent application for publication. This redacted copy eliminates any part or description of the invention that is not contained in the corresponding foreign applications. According to MPEP 1132, “If an applicant has filed applications…
Read MoreWhat types of petitions can the Director of the Technology Center who Oversees Licensing and Review decide?
The Director of the Technology Center who Oversees Licensing and Review has the authority to decide several types of petitions, including: Petitions to extend time for taking action in U.S.-owned applications important to national defense Petitions to suspend action in U.S.-owned applications where publication might be detrimental to public safety or defense Petitions for foreign…
Read MoreWhat form is used for reviving an application abandoned due to failure to notify the USPTO of foreign filing?
For reviving a patent application that was abandoned due to failure to notify the USPTO of foreign or international filing, you should use Form PTO/SB/64a. The full title of this form is “Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (37 CFR…
Read MoreWhat form should I use to rescind a nonpublication request or notify the USPTO of foreign filing?
The USPTO provides Form PTO/SB/36 for rescinding a nonpublication request and/or notifying the office of foreign filing. Specifically, the form is titled “Rescission of Previous Nonpublication Request (35 U.S.C. 122(b)(2)(B)(ii)) and, if Applicable, Notice of Foreign Filing (35 U.S.C. 122(b)(2)(B)(iii)).” According to the MPEP: “Form PTO/SB/36 (revision April 2001 or later), “Rescission of Previous Nonpublication…
Read MoreWhat is a Notice of Foreign Filing in patent law?
A Notice of Foreign Filing is a requirement for patent applicants who have filed a nonpublication request for their U.S. patent application and subsequently file a counterpart application in a foreign country or under a multilateral international agreement. According to MPEP 1124, applicants must notify the USPTO of this foreign filing within 45 days to…
Read MoreWhat is a nonpublication request and how can it be rescinded?
A nonpublication request is a request made by an applicant upon filing a patent application, certifying that the invention will not be the subject of an application filed in another country that requires publication after 18 months. This request can be rescinded at any time. According to MPEP 1123, “An applicant may rescind a previously-filed…
Read MoreWhat are the consequences of filing a foreign application after making a nonpublication request?
If an applicant files a foreign application after making a nonpublication request in the US, they must take specific actions to avoid abandonment of their US application. According to MPEP 1123: “If applicant makes a nonpublication request under 35 U.S.C. 122(b)(2)(B)(i) and then rescinds the nonpublication request before or on the date a foreign or…
Read MoreWhat is the process for restoring the right of priority in a design patent application?
The right of priority in a design patent application can be restored under certain conditions if the application is filed within two months of the expiration of the six-month priority period. According to MPEP 1504.10: “Under certain conditions, a right of priority to a foreign application may be restored if the U.S. design application is…
Read MoreWhat is the priority period for design patent applications under 35 U.S.C. 119(a)-(d)?
The priority period for design patent applications under 35 U.S.C. 119(a)-(d) is six months. This is specified in 35 U.S.C. 172, which states: “The right of priority provided for by subsections (a) through (d) of section 119 shall be six months in the case of designs.“ This means that to obtain the benefit of an…
Read MoreWhat is the significance of the actual date of receipt for rescinding a nonpublication request?
The actual date of receipt of a request to rescind a nonpublication request is crucial, especially when it relates to foreign filing. According to MPEP 1123: “No benefit can be given to a certificate of mailing or transmission under 37 CFR 1.8 on a request to rescind a nonpublication request in determining whether there has…
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