What are the requirements for claiming priority to a foreign application for design patents?
Claiming priority to a foreign application for design patents requires meeting specific criteria: The foreign application must be filed within 6 months preceding the U.S. filing date. The foreign application must be from a country that grants similar privileges to U.S. citizens. The applicant must make a claim for priority and submit a certified copy…
Read MoreHow can I correct a mistake in the priority claim of my patent?
Correcting a mistake in the priority claim of a patent typically requires a different process than a Certificate of Correction. According to MPEP 1481: “A clerical or typographical mistake in the benefit or foreign priority claim is typically not an error correctable by a certificate of correction and generally requires a petition under 37 CFR…
Read MoreCan a reissue application be used to correct errors related to foreign priority claims?
Yes, a reissue application can be used to correct errors related to foreign priority claims. The MPEP cites the case of Brenner v. State of Israel, which established that reissue is available to: File a certified copy of the original foreign application to obtain the right of foreign priority under 35 U.S.C. 119(a)-(d) Correct the…
Read MoreHow do I claim priority to a foreign application in a reissue patent application?
To claim priority to a foreign application in a reissue patent application, you must: Make a claim for priority to the earlier filing date in the foreign country, even if such a claim was made in the original patent application. For reissue applications filed on or after September 16, 2012, present the foreign priority information…
Read MoreDo I need to submit a new certified copy of the foreign application when filing a reissue application?
No, you do not need to submit a new certified copy of the foreign application when filing a reissue application, provided that the certified copy was submitted in the original patent application. According to MPEP 1417: “No additional certified copy of the foreign application is necessary.” The section further refers to MPEP § 215 for…
Read MoreWhat happens if a certified copy of a foreign application is not filed for a design patent priority claim?
If a certified copy of the foreign application is not filed for a design patent priority claim, it can affect the validity of the priority claim. According to MPEP 1504.10: “In the case of a design application, the certified copy must be filed during the pendency of the application, unless filed with a petition under…
Read MoreCan a Certificate of Correction be used to add a priority claim that was omitted from the original patent application?
Yes, a Certificate of Correction can be used to add a priority claim that was omitted from the original patent application, under certain conditions. The MPEP 1481 states: “The types of mistakes for which a certificate of correction of applicant’s mistake may be issued include the situation where ‘through error and without deceptive intention’ the…
Read MoreHow 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…
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