What are the filing date requirements for nonprovisional applications under the Patent Law Treaties Implementation Act?

The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013. The key changes are: Nonprovisional applications (except for design patent applications) no longer require at least one claim or any drawings to receive a filing date. For…

Read More

What happens if an applicant fails to take appropriate action during patent prosecution?

If an applicant fails to take appropriate action during the prosecution of a nonprovisional patent application, it can result in the application being considered abandoned. MPEP 203.05 specifically states that an abandoned application includes one removed from the Office docket through failure of applicant to take appropriate action at some stage in the prosecution of…

Read More

What are the special types of national applications?

The MPEP 201.01 mentions several special types of national applications: 1. Provisional applications (35 U.S.C. 111(b))2. Reissue applications (35 U.S.C. 251)3. Design applications (35 U.S.C. 171)4. Plant applications (35 U.S.C. 161) These applications have specific requirements and purposes. For example, provisional applications provide a way to establish an early effective filing date, while reissue applications…

Read More

How are nonprovisional patent applications assigned for examination?

Nonprovisional patent applications are assigned for examination through the Patents Service for Time and Application Routing (PSTAR) program. According to MPEP 504, “The Patents Service for Time and Application Routing (PSTAR) program assigns each nonprovisional application to an examiner.” This system ensures that each application is routed to an appropriate examiner based on factors such…

Read More

What are the types of national applications mentioned in MPEP 201.01?

MPEP 201.01 outlines several types of national applications that can be filed with the USPTO. These include: Original (nonprovisional) applications Reissue applications Design applications Plant applications Provisional applications As stated in MPEP 201.01: ‘National applications include original (nonprovisional), reissue, design, plant, and provisional applications.’ Each of these application types serves a specific purpose in the…

Read More

What are the main types of national applications under U.S. patent law?

The main types of national applications under U.S. patent law are: Original (non-provisional) applications Provisional applications Reissue applications Divisional applications Continuation applications Continuation-in-part applications As stated in MPEP 201.01: National applications include original (non-provisional), provisional, plant, design, reissue, divisional, and continuation applications (which may be filed under 37 CFR 1.53(b)), as well as continuation-in-part applications…

Read More

What are the filing date requirements for nonprovisional patent applications?

The filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) have changed due to the Patent Law Treaties Implementation Act of 2012 (PLTIA). For applications filed on or after December 18, 2013: Non-design applications no longer require at least one claim or any drawings to receive a filing date Design patent applications still…

Read More

What are the main types of patent applications in the United States?

There are several types of patent applications in the United States: Nonprovisional applications filed under 35 U.S.C. 111(a), including utility, plant, and design patent applications Provisional applications filed under 35 U.S.C. 111(b) International applications filed under the Patent Cooperation Treaty (PCT) International design applications filed under the Hague Agreement The MPEP states: Applications filed under…

Read More