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…

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Do 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…

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Can 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…

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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…

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What 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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