What happens to the file wrapper after a patent is granted?
What happens to the file wrapper after a patent is granted? After a patent is granted, the file wrapper continues to play an important role. MPEP 719 states, “Upon allowance of an application, the file wrapper is processed for issue of the patent.” This means: The file wrapper is prepared for publication as part of…
Read MoreCan expunged information be accessed by the public after a patent is granted?
Can expunged information be accessed by the public after a patent is granted? Yes, expunged information can be accessed by the public after a patent is granted, but only under specific circumstances. The MPEP 724.06 states: “The expunged information, if later requested by the public pursuant to MPEP § 103, may be available.” This means…
Read MoreCan incorporation by reference under 37 CFR 1.57(b) be used to add material to a granted patent?
No, incorporation by reference under 37 CFR 1.57(b) cannot be used to add material to a granted patent. This provision is only applicable during the application process, before a patent is granted. The MPEP clearly states: “If, however, an application has been patented, a certificate of correction or a reissue application could not be used…
Read MoreCan I file a foreign priority claim after my patent has been granted?
Yes, you can file a foreign priority claim after your patent has been granted, but it requires additional steps: File a petition under 37 CFR 1.55(e) for an unintentionally delayed priority claim Submit a request for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323 Pay the required petition and certificate of…
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