Can 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…
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