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 MoreWhat 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 MoreWhat 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 MoreWhat types of patent applications count towards the micro entity application filing limit?
For the purpose of micro entity status, the following types of patent applications count towards the application filing limit: Previously filed U.S. nonprovisional applications (utility, design, plant, continuation, and divisional) Previously filed U.S. reissue applications Previously filed U.S. national stage applications under the Patent Cooperation Treaty (PCT) Previously filed international design applications under the Hague…
Read MoreHow long do I have to file a nonprovisional application after filing a provisional application?
According to MPEP 203.05, you have 12 months from the filing date of your provisional application to file a nonprovisional application. The MPEP states: “in the case of a provisional application, no later than 12 months after the filing date of the provisional application” If you don’t file a nonprovisional application within this timeframe, your…
Read More