What is the significance of the filing date in a Continued Prosecution Application (CPA)?
The filing date of a Continued Prosecution Application (CPA) is significant for several reasons. In the context of inventorship, the MPEP ¶ 2.33 mentions: It is noted that [1] identified as a named inventor in the Continued Prosecution Application (CPA) filed under 37 CFR 1.53(d) on [2], but no request under 37 CFR 1.48, as…
Read MoreCan the inventorship in a continuation or continuation-in-part application differ from the parent application?
Yes, the inventorship in a continuation or continuation-in-part (CIP) application can differ from the parent application, but there are specific requirements: 1. For continuation applications: The inventorship must include at least one inventor named in the prior-filed application. 2. For CIP applications: The inventorship can change more significantly due to the addition of new matter.…
Read MoreWhat is the requirement for the same inventor or at least one common joint inventor in foreign priority claims?
For a valid foreign priority claim, the U.S. application must have at least one common inventor with the foreign application. This requirement ensures that the right of priority is only available to the actual inventors or their legal representatives. As stated in MPEP 213.02: “Consistent with longstanding Office policy, this is interpreted to mean that…
Read MoreHow should inventorship be determined for a patent application?
How should inventorship be determined for a patent application? Determining inventorship for a patent application is a critical step that requires careful consideration. Here’s how it should be approached: Inventorship is determined based on the subject matter of the claims. Each person who contributed to the conception of at least one claim should be listed…
Read MoreWhat are the filing requirements for a divisional application under 37 CFR 1.53(b)?
The filing requirements for a divisional application under 37 CFR 1.53(b) are similar to those for a new nonprovisional application. According to the MPEP: ‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (1) a specification complying with 35 U.S.C. 112,…
Read MoreWhat happens if there are inconsistencies between an ADS and other documents?
What happens if there are inconsistencies between an ADS and other documents? When inconsistencies exist between an Application Data Sheet (ADS) and other documents, the ADS generally takes precedence. According to MPEP 601.05: “If an ADS is inconsistent with the information provided in another document that was submitted at the same time or previous to…
Read MoreHow does an Application Data Sheet (ADS) affect the naming of inventors in a patent application?
The Application Data Sheet (ADS) plays a crucial role in naming inventors for patent applications filed on or after September 16, 2012. According to MPEP 601.05(a): “The naming of the inventors in the application data sheet is the naming of the actual inventors of the subject matter of the application. The inventorship determined from the…
Read MoreHow does the Application Data Sheet affect inventorship in patent applications?
The Application Data Sheet (ADS) plays an important role in establishing and changing inventorship in patent applications: The ADS should include inventor information, including legal name, residence, and mailing address of each inventor. The naming of inventorship is governed by 37 CFR 1.41. Changes to inventorship or the names of inventors are governed by 37…
Read MoreHow does the inventorship of an international application entering the national stage under 35 U.S.C. 371 get determined?
The inventorship of an international application entering the national stage under 35 U.S.C. 371 is determined according to 37 CFR 1.41(e), which states: The inventorship of an international application entering the national stage under 35 U.S.C. 371 is the inventor or joint inventors set forth in the application data sheet in accordance with § 1.76…
Read MoreWhat are the inventorship requirements for claiming foreign priority?
The inventorship requirements for claiming foreign priority are specific and important. Here are the key points: The U.S. and foreign applications must name the same inventor or have at least one joint inventor in common. Priority rights do not exist if the foreign and U.S. applications have completely different sole inventors. Joint inventors can each…
Read More