What are the three broad types of patent applications?
According to the MPEP, patent applications can be directed to three broad types of subject matter: Utility patent applications under 35 U.S.C. 101 for “a new and useful process, machine, manufacture, or composition of matter” Plant patent applications under 35 U.S.C. 161 Design patent applications under 35 U.S.C. 171
Read MoreWhat is the time limit for filing a U.S. application claiming foreign priority?
The U.S. nonprovisional application must generally be filed within 12 months of the filing date of the foreign application to claim priority. For design applications, this period is 6 months. Specifically, 37 CFR 1.55(b) states: “The nonprovisional application must be: (1) Filed not later than twelve months (six months in the case of a design…
Read MoreWhen can third parties access an international patent application?
Third parties cannot access an international patent application until the earliest of: The international publication date Date of receipt of the communication of the application under PCT Article 20 Date of receipt of a copy of the application under PCT Article 22 This is specified in PCT Article 30(2)(a): “No national Office shall allow access…
Read MoreWhat happens to a patent application when a Secrecy Order is imposed?
When a Secrecy Order is imposed on a patent application, it is examined in a secure location by examiners with national security clearances under the control of Licensing and Review. If the Secrecy Order is imposed after the application is already docketed in another Technology Center, it will be transferred to a designated examiner in…
Read MoreCan an applicant or assignee prevent the inventor from accessing the patent application file?
Yes, the applicant or assignee of record of the entire interest in an application can make a specific request to prevent the inventor from obtaining access to the application file. This request should be filed as a separate paper under 37 CFR 1.4(c) and directed to the Office of Petitions. If granted, the inventor will…
Read MoreWhat is the right of priority for foreign patent applications?
The right of priority allows an applicant who has filed a patent application in a foreign country to claim priority to that earlier filing date when filing a subsequent U.S. application for the same invention. This right is established by 35 U.S.C. 119 and gives the U.S. application the benefit of the earlier foreign filing…
Read MoreHow does the Priority Document Exchange (PDX) program work?
The Priority Document Exchange (PDX) program allows for electronic transmission of priority documents between participating foreign intellectual property offices. According to 37 CFR 1.55(i), if the foreign application was filed in a participating office, the requirement for a timely filed certified copy is considered satisfied if the Office receives a copy through the PDX program…
Read MoreDoes the inclusion of prior application information on a patent indicate the claims are entitled to the earlier filing date?
No, the inclusion of prior application information in the patent does not necessarily indicate that the claims are entitled to the benefit of the earlier filing date. See MPEP 2136.03 and MPEP 2154.01(b) for additional information.
Read MoreWhat happens to patent applications subject to a Secrecy Order at the USPTO?
Applications subject to a Secrecy Order will be: Deleted from any image file system within the USPTO Converted to paper Held with Licensing and Review Transferred to a designated examiner for examination
Read MoreWhat happens if a patent application is filed with the USPTO containing what appears to be national security markings?
For applications filed with apparent national security markings, the USPTO will: Notify the applicant via Licensing and Review Ask the applicant to either: Explain the markings Remove improper markings Obtain a Secrecy Order if necessary Potentially refer the application to a defense agency for review under 35 U.S.C. 181 second paragraph if improper markings are…
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