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…

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What 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…

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How 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…

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Can 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…

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What 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…

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What 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…

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What 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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