What is considered a “national application” and “nonprovisional application” in the context of international design applications?
In the context of international design applications, the terms “national application” and “nonprovisional application” have specific definitions according to USPTO rules: National Application: As per 37 CFR 1.9(a)(1), this includes an international design application filed under the Hague Agreement where the USPTO has received a copy of the international registration pursuant to Hague Agreement Article…
Read MoreWhat is the primary focus of a patent examiner’s initial search?
The primary focus of a patent examiner’s initial search is on the invention as described and claimed in the nonprovisional application. According to the MPEP, The first search should cover the invention as described and claimed, including the inventive concepts toward which the claims appear to be directed. It should not be extended merely to…
Read MoreWhat types of requests can be made to correct inventorship in a nonprovisional patent application?
Requests to correct inventorship in a nonprovisional patent application can be made under 37 CFR 1.48 if filed on or after September 16, 2012. The Manual of Patent Examining Procedure (MPEP) states: “Requests under 37 CFR 1.48 filed on or after September 16, 2012 to correct inventorship in a nonprovisional application.“ These requests are decided…
Read MoreHow can I convert a provisional patent application to a nonprovisional application?
The USPTO allows for the conversion of a provisional patent application to a nonprovisional application under specific circumstances. The MPEP states: “Requests to convert a provisional application filed under 37 CFR 1.53(c) to a nonprovisional application under 37 CFR 1.53(b) where the provisional application is before the Office of Patent Application Processing.“ This conversion process…
Read MoreCan a nonprovisional patent application be converted to a provisional application?
Yes, it is possible to convert a nonprovisional patent application to a provisional application under certain circumstances. The MPEP states: “Petitions to convert a nonprovisional application filed under 37 CFR 1.53(b) to a provisional application under 37 CFR 1.53(c) where the nonprovisional application is before the Office of Initial Patent Examination or where the nonprovisional…
Read MoreHow can a nonprovisional application be filed by reference to a previously filed application?
As of December 18, 2013, a nonprovisional application can be filed by referencing a previously filed application, which replaces the need to submit a new specification and drawings. The MPEP states: As provided in 35 U.S.C. 111(c), a nonprovisional application filed under 35 U.S.C. 111(a) on or after December 18, 2013 may be filed by…
Read MoreWhat are the filing date requirements for patent applications filed on or after December 18, 2013?
For nonprovisional applications (except design applications) filed on or after December 18, 2013, the filing date is the date on which a specification, with or without claims, is received in the Office. This change was implemented as a result of the Patent Law Treaties Implementation Act of 2012 (PLTIA). The MPEP states: Except for design…
Read MoreWhat defines a ‘new’ application according to the MPEP?
According to MPEP 203.01, a ‘new’ application is defined as follows: A ‘new’ application is a nonprovisional application that has not yet received an action by the examiner. This means that a patent application is considered ‘new’ from the time it is filed until the patent examiner issues their first official response or action on…
Read MoreWhat is an ‘amended’ nonprovisional patent application?
An ‘amended’ nonprovisional patent application is one that has undergone a specific process in the examination procedure. According to MPEP 203.03: An ‘amended’ nonprovisional application is one that having been acted on by the examiner, has in turn been acted on by the applicant in reply to the examiner’s action. In simpler terms, it means…
Read MoreWhat is a continuation application?
A continuation application is a type of patent application that discloses the same invention(s) as a previously filed, copending nonprovisional application, international application designating the United States, or international design application designating the United States. The MPEP states: “A continuation application is an application for the invention(s) disclosed in a prior-filed copending nonprovisional application, international…
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