How does the USPTO handle priority claims based on inventor’s certificates from countries with restricted options?
The USPTO recognizes that some countries have restrictions on who can apply for patents versus inventor’s certificates. As stated in MPEP 213.05: It is recognized that certain countries that grant inventors’ certificates also provide by law that their own nationals who are employed in state enterprises may only receive inventors’ certificates and not patents on…
Read MoreWhat is the deadline for filing a certified copy of a foreign application for priority claim?
For applications filed before March 16, 2013, the certified copy of the foreign application must be filed within the pendency of the application. According to 37 CFR 1.55(g)(1): The claim for priority and the certified copy of the foreign application specified in 35 U.S.C. 119(b) or PCT Rule 17 must, in any event, be filed…
Read MoreWhat is the time limit for filing a certified copy of a foreign application in a U.S. patent application filed on or after March 16, 2013?
For applications filed under 35 U.S.C. 111(a) on or after March 16, 2013, 37 CFR 1.55(f)(1) requires that a certified copy of the foreign application be filed within the later of: Four months from the actual filing date of the application, or Sixteen months from the filing date of the prior foreign application This time…
Read MoreWhat is the deadline for submitting a certified copy of a foreign priority application?
The deadline for submitting a certified copy of a foreign priority application depends on the filing date of the U.S. application. According to MPEP 213.02: In the case of a U.S. application filed on or after March 16, 2013, the certified copy must be filed within the later of four months from the actual filing…
Read MoreCan I claim priority to multiple foreign applications for the same invention?
Yes, you can claim priority to multiple foreign applications for the same invention, provided they meet certain criteria. The MPEP 213.02 addresses this situation: Where two or more foreign applications are combined in a single U.S. application, to take advantage of the changes to 35 U.S.C. 103 or to claim both priority and the benefit…
Read MoreHow can I claim priority to a foreign application filed in a non-English language?
When claiming priority to a foreign application filed in a non-English language, you must provide an English translation of the foreign application. The MPEP 213.02 states: If the foreign application is not in the English language, an English translation of the foreign application is also required. See 37 CFR 1.55(g)(3). Additionally, you must submit: A…
Read MoreWhat happens if there’s an error in the foreign priority application number?
What happens if there’s an error in the foreign priority application number? If there’s an error in the foreign priority application number, it can lead to serious consequences for the priority claim. The MPEP emphasizes the importance of accuracy: “Errors in foreign priority claims may jeopardize the applicant’s priority claim.” (MPEP 214.04) Consequences of errors…
Read MoreAre there different priority claim requirements for design patent applications?
Yes, design patent applications have different requirements for filing priority claims compared to utility patent applications. The main difference is in the time period for filing the claim. As stated in MPEP 214.01: “The time periods set forth in 37 CFR 1.55(d) do not apply to design applications.” For design applications, the MPEP further clarifies:…
Read MoreWhat documents are required to claim foreign priority in a U.S. application?
To claim foreign priority in a U.S. application, you must file a claim for priority and submit a certified copy of the foreign application. MPEP 213.04 states: ‘The claim for priority and the certified copy of the foreign application specified in 35 U.S.C. 119(b) or PCT Rule 17 must, in any event, be filed within…
Read MoreCan I claim priority to an inventor’s certificate?
Yes, under certain conditions, an applicant can claim priority based on an application for an inventor’s certificate. MPEP 213.05 explains: ‘An inventor’s certificate may form the basis for rights of priority under 35 U.S.C. 119(d) only when the country in which it is filed gives to applicants, at their discretion, the right to apply, on…
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