How does the America Invents Act (AIA) affect who can be an applicant in U.S. National Stage Applications?
The America Invents Act (AIA) significantly expanded who can be an applicant in patent applications, including U.S. National Stage Applications. This change applies to applications with an international filing date on or after September 16, 2012. The MPEP states: “The America Invents Act (AIA) amended 35 U.S.C. 118 to expand who may be an applicant…
Read MoreWhat are the requirements for amending claims in a US national stage application?
When amending claims in a US national stage application, applicants must follow these requirements: Provide a complete listing of all claims ever presented, including pending and withdrawn claims. Indicate the status of every claim using appropriate identifiers (e.g., Original, Currently Amended, Canceled). Include markings to show changes in currently amended claims (underlining for additions, strike-through…
Read MoreHow does the America Invents Act (AIA) affect the determination of the 371(c) date?
The America Invents Act (AIA) has impacted the determination of the 371(c) date in national stage applications. The MPEP states: “Because of changes implemented pursuant to the America Invents Act (AIA), and in particular, the ability to postpone the submission of the oath or declaration required under 35 U.S.C. 371(c)(4) under certain conditions, the requirements…
Read MoreWhat is the ‘371(c) date’ in a national stage application?
The ‘371(c) date’ in a national stage application refers to the date of entry into the national phase in the United States. This date is determined by the receipt of certain items required under 35 U.S.C. 371(c). The MPEP explains: “Because the date of entry is dependent upon receipt of certain items required under 35…
Read MoreCan a petition to revive be filed for an abandoned national stage application?
Can a petition to revive be filed for an abandoned national stage application? Yes, a petition to revive can be filed for an abandoned national stage application. The MPEP 711.03(c) provides guidance on this matter: A petition under 37 CFR 1.137(a) to revive an abandoned national stage application must be accompanied by the fee set…
Read MoreWhen must a benefit claim be made for a nonprovisional application entering the national stage from an international application?
For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of: Four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f) Four months from the date of the initial submission under 35 U.S.C. 371…
Read MoreWhat is the deadline for submitting certified copies in a national stage application?
What is the deadline for submitting certified copies in a national stage application? The deadline for submitting certified copies in a national stage application (35 U.S.C. 371) is as follows: Certified copies must be filed within the time limit set in 37 CFR 1.55(f). This is typically within the later of 4 months from the…
Read MoreWhat is the time limit for submitting a benefit claim?
The time limit for submitting a benefit claim depends on the type of application: For utility or plant applications filed under 35 U.S.C. 111(a), the specific reference must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from…
Read MoreWhat is the deadline for submitting a benefit claim?
The deadline for submitting a benefit claim depends on the type of application: For utility or plant applications filed under 35 U.S.C. 111(a): Submit within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application. For national stage applications under 35…
Read MoreWhat is the deadline for filing a benefit claim under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c)?
The deadline for filing a benefit claim depends on the type of application: For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of: Four months from the actual filing date of the application, or Sixteen months from the filing date of the prior application For nonprovisional applications entering the…
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