What is the right of priority in a U.S. national stage application?
A U.S. national stage application may be entitled to a right of priority under 35 U.S.C. 119(a) and 365(b) based on a prior foreign application or international application designating at least one country other than the United States. As stated in the MPEP, “Pursuant to 35 U.S.C. 365(b) a U.S. national stage application shall be…
Read MoreWhat is the restoration of the right of priority in U.S. national stage applications?
Restoration of the right of priority allows applicants to claim priority to a foreign application or benefit of a provisional application filed more than 12 months before the international filing date. This applies to international applications filed on or after April 1, 2007. The MPEP states: “International applications filed on or after April 1, 2007…
Read MoreHow can an applicant replace black and white drawings with color drawings in a national stage application?
An applicant can replace black and white drawings with color drawings in a national stage application by following a specific process. According to MPEP 1893.03(f), this includes “an amendment seeking to replace black and white drawings with color drawings accompanied by a grantable petition to accept a color drawing and the necessary petition fee.” The…
Read MoreWhat is required for a person showing sufficient proprietary interest to be an applicant?
For a person who shows sufficient proprietary interest to be an applicant, they must submit a petition that includes: The fee set forth in 37 CFR 1.17(g) A showing that the person has sufficient proprietary interest in the matter A statement that making the application for patent by this person on behalf of and as…
Read MoreHow is the priority claim handled in a U.S. national stage application?
The handling of priority claims in U.S. national stage applications involves specific procedures and requirements. The MPEP states, “To obtain priority in the U.S. national stage application to such applications, the priority must have been timely claimed in the international stage of the international application.” Priority claims are based on 35 U.S.C. 365(b) and must…
Read MoreCan the filing of an inventor’s oath or declaration be postponed in a national stage application?
Yes, the filing of an inventor’s oath or declaration can be postponed in certain circumstances. For national stage applications with an international filing date on or after September 16, 2012: The filing may be postponed until the application is otherwise in condition for allowance if: The applicant submits an application data sheet in accordance with…
Read MoreHow does a national stage application differ from a domestic national application?
A national stage application, which enters the U.S. national phase from an international PCT application, has several unique characteristics compared to a domestic national application. The MPEP notes: “The national stage is unique compared to a domestic national application in that:” (followed by specific differences) Key differences include: Filing requirements and procedures Time limits for…
Read MoreWhat happens if the required inventor’s oath or declaration is not filed in a national stage application?
If the required inventor’s oath or declaration is not filed in a national stage application, the following process typically occurs: If the basic national fee and copy of the international application have been received by the expiration of 30 months from the priority date, but the required oath or declaration is missing, the USPTO will…
Read MoreWhat happens if a lack of unity is found in a national stage application?
What happens if a lack of unity is found in a national stage application? If a lack of unity is found in a national stage application, the examiner will take specific actions as outlined in the MPEP 1893.03(d): “If the examiner finds that a national stage application lacks unity of invention, the examiner may in…
Read MoreWhat are the requirements for joint inventors applying for a U.S. National Stage Application?
Joint inventors must follow specific requirements when applying for a U.S. National Stage Application. According to 37 CFR 1.45: Joint inventors must apply for a patent jointly. Each inventor must make an inventor’s oath or declaration as required by 37 CFR 1.63, except as provided for in 37 CFR 1.64. If a joint inventor refuses…
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