Can interfering subject matter exist between a patent application and an issued patent?
Yes, interfering subject matter can exist between a patent application and an issued patent. The MPEP 2301.03 clearly states: Interfering subject matter may exist between two applications or between one or more applications and one or more patents. This means that the USPTO can identify interfering subject matter in the following scenarios: Between two pending…
Read MoreCan a requirement for information be made in an issued patent or abandoned application?
Yes, under limited circumstances, a requirement for information can be made in an issued patent or abandoned application. The MPEP 704.11(b) states: “Under limited circumstances, requirements under 37 CFR 1.105 may be made in an application that is issued or abandoned. Such a requirement would normally be made only during part of some ongoing proceeding…
Read MoreCan I request a certificate of correction for a priority claim after my patent has issued?
Can I request a certificate of correction for a priority claim after my patent has issued? Yes, you can request a certificate of correction for a priority claim after your patent has issued, but only under specific circumstances. According to MPEP 213.04: ‘If the claim for priority or the certified copy of the foreign application…
Read MoreCan a priority claim be corrected after the patent has been issued?
Can a priority claim be corrected after the patent has been issued? Yes, it is possible to correct a priority claim after a patent has been issued, but the process is more complex and limited compared to correcting a priority claim in a pending application. According to MPEP 214.02: ‘For a correction of foreign priority…
Read MoreCan a delayed benefit claim be accepted after the patent has issued?
No, a delayed benefit claim cannot be accepted after the patent has issued. The MPEP 211.04 clearly states: “A petition under 37 CFR 1.78 to accept an unintentionally delayed claim for the benefit of a prior-filed application will not be granted in an issued patent.” This means that once a patent has been granted, it…
Read MoreHow is the information about foreign applications reflected in the issued patent and Official Gazette?
When foreign applications are properly claimed and verified in a patent application, this information is reflected in the issued patent and the Official Gazette listing. This helps establish the priority date and international scope of the invention. The MPEP states: The front page of the patent when it is issued, and the listing in the…
Read MoreCan I add a priority claim to a patent after it has been issued?
Yes, it is possible to add a priority claim to a patent after it has been issued, but the process requires filing a reissue application. The MPEP states: ‘A reissue application can be filed to correct the failure to adequately claim priority under 35 U.S.C. 119(a)-(d) or (f) or 35 U.S.C. 120 in the issued…
Read MoreCan I perfect a foreign priority claim after my patent has been issued?
Can I perfect a foreign priority claim after my patent has been issued? No, you cannot perfect a foreign priority claim after your patent has been issued if the claim was not timely filed during the pendency of the application. As stated in MPEP 216.01: “A reissue application can be filed to correct the failure…
Read More