What happens if a Continued Prosecution Application (CPA) is filed after the issue fee has been paid?
If a Continued Prosecution Application (CPA) is filed after the issue fee has been paid, it will not be treated as a CPA. Instead, it will be processed as follows: For applications filed on or after May 29, 2000, the CPA will be treated as a request for continued examination (RCE) under 37 CFR 1.114.…
Read MoreCan I file a priority claim after paying the issue fee for my patent application?
Can I file a priority claim after paying the issue fee for my patent application? Yes, you can file a priority claim after paying the issue fee for your patent application, but it comes with additional requirements and costs. According to MPEP 213.04: If the claim for priority or the certified copy of the foreign…
Read MoreWhat can cause an allowed application to lose its status?
An allowed application can lose its status under certain circumstances. The MPEP outlines two main scenarios: Withdrawal from issue: This is governed by 37 CFR 1.313. The applicant or the USPTO may initiate this process for various reasons, such as the need for further examination or the discovery of new prior art. Abandonment due to…
Read MoreWhat is the deadline for submitting an inventor’s oath or declaration in a patent application?
The deadline for submitting an inventor’s oath or declaration in a patent application filed on or after September 16, 2012, is the date on which the issue fee is paid. This is stated in MPEP 602.01(a): For applications filed on or after September 16, 2012, the timing of the submission of the inventor’s oath or…
Read MoreWhat happens if a priority claim is filed after the issue fee is paid?
If a priority claim or the certified copy of a foreign application is filed after the issue fee is paid, it will not automatically be included in the patent. The MPEP Section 213.04 states: “If the claim for priority or the certified copy of the foreign application is filed after the date the issue fee…
Read MoreWhat is the Quick Path Information Disclosure Statement (QPIDS) Pilot Program?
The Quick Path Information Disclosure Statement (QPIDS) Pilot Program is a USPTO initiative that allows, under specific circumstances, for the submission of an Information Disclosure Statement (IDS) after payment of the issue fee but prior to patent grant. According to the MPEP: “In May of 2012 the Office launched the Quick Path Information Disclosure Statement…
Read MoreWhat happens if an Information Disclosure Statement is filed after the issue fee is paid?
If an Information Disclosure Statement (IDS) is filed after the issue fee is paid: The IDS will not be considered by the examiner The IDS will be placed in the application file The application may be withdrawn from issue to file a Request for Continued Examination (RCE) or a continuing application A petition under 37…
Read MoreWhat happens if an IDS is filed after the issue fee has been paid?
What happens if an IDS is filed after the issue fee has been paid? If an Information Disclosure Statement (IDS) is filed after the issue fee has been paid, it will not be considered by the examiner. According to MPEP 609.02: ‘Any IDS filed after the issue fee has been paid will not be considered…
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