How does the Digital Access Service (DAS) affect international design applications?
The Digital Access Service (DAS) plays a significant role in international design applications: DAS facilitates the exchange of priority documents between participating offices. For applications filed in DAS-participating offices, the International Bureau can retrieve priority documents directly. This eliminates the need for applicants to submit certified copies in many cases. Applicants should ensure their priority…
Read MoreWhat changes were introduced by the Patent Law Treaties Implementation Act (PLTIA)?
The Patent Law Treaties Implementation Act (PLTIA) of 2012 introduced several significant changes to U.S. patent law and procedures: Restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design…
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 time periods for filing a claim for foreign priority in a U.S. patent application?
The time periods for filing a priority claim depend on the type of application: For original applications filed under 35 U.S.C. 111(a) (other than design applications), the claim must be filed during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months…
Read MoreWhat are the changes to priority and benefit claims under the Patent Law Treaties Implementation Act (PLTIA)?
The Patent Law Treaties Implementation Act (PLTIA) made several changes to priority and benefit claims, including: Restoration of the right of priority to a foreign application or benefit of a provisional application within two months of the deadline Ability to file international design applications Claiming priority to and benefit of international design applications The MPEP…
Read MoreWhat is the Hague Agreement and how does it affect international design applications?
The Hague Agreement Concerning International Registration of Industrial Designs is an international treaty that allows applicants to file a single international design application with effect in multiple countries. Key points about the Hague Agreement and international design applications include: The United States became a Contracting Party to the Hague Agreement on May 13, 2015. An…
Read MoreWhat are the special types of national applications?
The MPEP 201.01 mentions several special types of national applications: 1. Provisional applications (35 U.S.C. 111(b))2. Reissue applications (35 U.S.C. 251)3. Design applications (35 U.S.C. 171)4. Plant applications (35 U.S.C. 161) These applications have specific requirements and purposes. For example, provisional applications provide a way to establish an early effective filing date, while reissue applications…
Read MoreWhat is a national application according to the USPTO?
According to 37 CFR 1.9(a)(1), a national application is defined as: A U.S. application for patent filed in the USPTO under 35 U.S.C. 111 An international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid An international design application filed under the Hague Agreement…
Read MoreWhat is the significance of 35 U.S.C. 386 for international design applications?
35 U.S.C. 386 establishes the right of priority for international design applications. It addresses two key scenarios: National applications claiming priority from international design applications International design applications claiming priority from prior foreign applications The MPEP explains: “Pursuant to 35 U.S.C. 386(a) and 37 CFR 1.55, a nonprovisional application may make a claim of foreign…
Read MoreHow does the USPTO handle certified copies for international design applications?
How does the USPTO handle certified copies for international design applications? For international design applications, the USPTO has a specific process for handling certified copies. According to the MPEP: ‘For international design applications designating the United States, the certified copy requirement is considered to have been met by the filing of the international design application…
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