What happens if an appeal brief is filed late in a patent application?
If an appeal brief is filed late in a patent application, the following may occur: The appeal may be dismissed by the Patent Trial and Appeal Board (PTAB). The applicant may need to file a petition to revive if the application is abandoned. A petition for an extension of time may be required, subject to…
Read MoreWhat happens if a divisional application is filed after the parent application is patented or abandoned?
What happens if a divisional application is filed after the parent application is patented or abandoned? If a divisional application is filed after the parent application has been patented or abandoned, it will not be entitled to the benefit of the parent application’s filing date. The MPEP states: “A divisional application is often filed as…
Read MoreCan the right of priority be restored if the U.S. application is filed late?
Yes, the right of priority can be restored if the U.S. application is filed after the 12-month priority period (or 6-month period for design applications), but within 2 months of the expiration of the priority period, if the delay was unintentional. 37 CFR 1.55(c) states: “If the subsequent application has a filing date which is…
Read MoreWhat happens if a specification is filed attached to an oath or declaration after the application filing date?
According to MPEP 602.08(c), when a specification is filed attached to an oath or declaration after the initial application filing date, the USPTO follows a specific procedure: Any specification that is filed attached to an oath or declaration on a date later than the application filing date will not be compared with the specification submitted…
Read MoreHow can I identify a patent application in an oath or declaration filed after the application filing date?
For oaths or declarations filed after the application filing date, MPEP 602.08(c) provides several acceptable methods for identifying the application: Application number (series code and serial number, e.g., 08/123,456) Serial number and filing date International application number International registration number for design applications Attorney docket number on the original specification Title of the invention from…
Read MoreWhat is required for an IDS filed after the initial period but before final action or allowance?
For an Information Disclosure Statement (IDS) filed after the initial three-month period or first Office action, but before the mailing of a final action, Notice of Allowance, or an Ex parte Quayle action, the following is required: Either a statement under 37 CFR 1.97(e), or The fee set forth in 37 CFR 1.17(p) As stated…
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