When is a Statement of Grant of Protection issued for an international design application?
A Statement of Grant of Protection is issued by the United States Patent and Trademark Office (USPTO) after a patent has been granted on an international design application that designates the United States. This occurs specifically for nonprovisional international design applications. According to MPEP 2940: “Upon issuance of a patent on a nonprovisional international design…
Read MoreWhat types of patent applications are classified and assigned to examiners?
According to MPEP 909.02(b), the following types of patent applications are classified and assigned to examiners: Nonprovisional design applications Nonprovisional plant applications The MPEP states: “Every nonprovisional design and plant application, new or amended, and including the drawings, if any, when first assigned to a Technology Center (TC) must be classified and assigned to an…
Read MoreHow are patent applications classified and assigned to examiners?
According to MPEP 909.02(b), the classification and assignment process for patent applications is as follows: For nonprovisional design and plant applications: Every new or amended application, including drawings, is classified and assigned to an examiner when first assigned to a Technology Center (TC). The supervisory patent examiner typically assigns the application to an examiner. For…
Read MoreWhat are the key differences between nonprovisional and provisional applications?
The MPEP outlines several significant differences between nonprovisional applications filed under 35 U.S.C. 111(a) and provisional applications filed under 35 U.S.C. 111(b): No claim is required in a provisional application. No oath or declaration is required in a provisional application. Provisional applications will not be examined for patentability. A provisional application is not entitled to…
Read MoreWhat are the main types of national applications under U.S. patent law?
There are two main types of national applications under U.S. patent law: Nonprovisional applications filed under 35 U.S.C. 111(a) Provisional applications filed under 35 U.S.C. 111(b) As stated in the MPEP, Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications filed under 37 CFR 1.53(b), reissue applications…
Read MoreWhat is the standard order of examination for nonprovisional patent applications?
Nonprovisional patent applications are typically examined in the order they are filed, with some exceptions. As stated in the MPEP: “Nonprovisional applications are ordinarily taken up for examination by the examiner to whom they have been assigned in the order in which they have been filed except for those applications in which examination has been…
Read MoreWhat changes were introduced by the Patent Law Treaties Implementation Act of 2012 (PLTIA) regarding filing date requirements?
The Patent Law Treaties Implementation Act of 2012 (PLTIA) introduced significant changes to the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a). The MPEP states: Effective December 18, 2013, the Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the patent laws to implement the provisions of the Patent Law Treaty in…
Read MoreWhat is the time limit for filing a petition to accept a delayed benefit claim?
The time limit for filing a petition to accept a delayed benefit claim depends on the type of application: For nonprovisional applications: The petition must be filed within the later of four months from the actual filing date of the later-filed application or sixteen months from the filing date of the prior-filed application. For design…
Read MoreWhat are the different types of patent applications?
According to MPEP 201.02, there are several types of patent applications: National applications Provisional applications Nonprovisional applications International applications International design applications The definitions for these terms can be found in 37 CFR 1.9. Additionally, applications can be classified as ‘original’ or ‘continuing’ applications. An original application may be a first filing or a continuing…
Read MoreWhat are the types of national applications for patents in the United States?
There are three main types of national applications for patents in the United States: Nonprovisional applications filed under 35 U.S.C. 111(a) Provisional applications filed under 35 U.S.C. 111(b) International applications that have entered the national stage in the United States As stated in MPEP 201.01: “Applications filed under 35 U.S.C. 111(a) include original nonprovisional utility,…
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