How are delayed benefit claims handled in international applications?
Delayed benefit claims in international applications have specific procedures. According to MPEP 211.04: A petition under 37 CFR 1.78 for accepting an unintentionally delayed benefit claim and the petition fee under 37 CFR 1.17(m) are required to add a benefit claim under 35 U.S.C. 120 and 365(c) in an abandoned international application designating the United…
Read MoreHow does an international application designating the United States affect the application process?
An international application designating the United States has significant effects on the application process: It is treated as a national application from its international filing date. It follows different rules for restriction practice and unity of invention. It has different notification procedures for incomplete applications. According to 35 U.S.C. 363: “An international application designating the…
Read MoreWhat are the different types of patent applications?
According to MPEP 201.02, there are several types of patent applications: National applications Provisional applications Nonprovisional applications International applications International design applications The definitions for these terms can be found in 37 CFR 1.9. Additionally, applications can be classified as ‘original’ or ‘continuing’ applications. An original application may be a first filing or a continuing…
Read MoreWhat are the types of national applications for patents in the United States?
There are three main types of national applications for patents in the United States: Nonprovisional applications filed under 35 U.S.C. 111(a) Provisional applications filed under 35 U.S.C. 111(b) International applications that have entered the national stage in the United States As stated in MPEP 201.01: “Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility,…
Read MoreWhat is the difference between a national application and an international application according to MPEP 201.01?
MPEP 201.01 distinguishes between national applications and international applications: National applications are filed directly with the USPTO under 35 U.S.C. 111(a) or enter the national stage from an international application after complying with 35 U.S.C. 371. International applications are filed under the Patent Cooperation Treaty (PCT). The MPEP states: The term ‘national application’ as used…
Read MoreCan status information be provided for unpublished patent applications?
In general, status information cannot be provided for unpublished patent applications, unless the requester is: The applicant A patent practitioner of record The assignee or an assignee of an undivided part interest The inventor or a joint inventor A registered attorney or agent named in the application papers Alternatively, a person with written authority from…
Read MoreWhat are the requirements for claiming benefit of an earlier national application under 37 CFR 1.78?
The requirements for claiming benefit of an earlier national application under 37 CFR 1.78 include: A specific reference to the earlier-filed application in the later-filed application For applications filed on or after September 16, 2012, the specific reference must be in the application data sheet (ADS) For applications filed before September 16, 2012, the specific…
Read MoreHow does the PCT system interact with foreign priority claims?
The Patent Cooperation Treaty (PCT) system interacts with foreign priority claims in several important ways: 1. Priority claims in PCT applications:– PCT applications can claim priority to earlier foreign applications under the Paris Convention.– The priority period is 12 months from the earliest priority date. 2. PCT as a basis for priority:– A PCT application…
Read MoreWhat changes did the Patent Law Treaties Implementation Act (PLTIA) introduce?
The Patent Law Treaties Implementation Act (PLTIA) of 2012 introduced several important changes to US patent law, particularly regarding priority claims and international applications. Key changes include: Restoration of the right of priority to a foreign application or the benefit of a provisional application in certain cases Ability to file international design applications Ability to…
Read MoreHow do I claim priority to a PCT international application?
Claiming priority to a PCT international application can be done in two ways: In a U.S. national stage application under 35 U.S.C. 371: The priority claim is made in the PCT application No further action is needed when entering the national stage In a U.S. nonprovisional application under 35 U.S.C. 111(a): File within 12 months…
Read More