How does the content of a provisional application differ from a nonprovisional application?
Provisional and nonprovisional applications have different content requirements. According to MPEP 601: Provisional applications do not require claims or an oath or declaration. Nonprovisional applications must include at least one claim and an oath or declaration. The MPEP states: ‘A provisional application must also include the cover sheet required by 37 CFR 1.51(c)(1), which may…
Read MoreCan a Pre-AIA 37 CFR 1.47 application be converted to a regular application?
Yes, a Pre-AIA 37 CFR 1.47 application can be converted to a regular application if the previously non-signing inventor later submits an executed oath or declaration. The MPEP 409.03(j) states: ‘If a 37 CFR 1.47 applicant submits an executed oath or declaration of the nonsigning inventor, the executed oath or declaration should be accepted by…
Read MoreHow does the oath or declaration requirement differ for divisional applications?
How does the oath or declaration requirement differ for divisional applications? For divisional applications, the oath or declaration requirement can be simplified under certain conditions. According to MPEP 201.06(c): “The divisional application may be filed under 37 CFR 1.53(b) using all or part of a copy of the oath or declaration filed in the prior…
Read MoreCan an assignment contain statements required in an oath or declaration?
Yes, for certain patent applications, an assignment can contain statements required in an oath or declaration. The MPEP 301 states: ‘For applications filed under 35 U.S.C. 111(a), 363, or 385 on or after September 16, 2012, an assignment may contain the statements required to be made in an oath or declaration (‘assignment-statement’), and if the…
Read MoreHow does the oath or declaration requirement differ for continuation applications filed before and after September 16, 2012?
The oath or declaration requirements for continuation applications differ significantly depending on whether they were filed before or after September 16, 2012: For applications filed on or after September 16, 2012: The inventor’s oath or declaration must comply with the requirements of 35 U.S.C. 115 as revised effective September 16, 2012. It must state that…
Read MoreWhat is an ‘assignment-statement’ and how is it used in patent applications?
An ‘assignment-statement’ is a relatively new concept in patent law, introduced for applications filed on or after September 16, 2012. The MPEP explains: ‘For applications filed under 35 U.S.C. 111(a), 363, or 385 on or after September 16, 2012, an assignment may contain the statements required to be made in an oath or declaration (‘assignment-statement’),…
Read MoreHow does the USPTO handle applications filed with missing parts?
When an application is filed with missing parts, the USPTO follows these procedures: If the application meets minimum requirements for a filing date, it will be assigned one. A Notice to File Missing Parts will be issued, detailing the missing items. Applicants must submit missing items along with any required surcharges within the specified time…
Read MoreWhat is the difference in priority claim requirements for applications filed before and after September 16, 2012?
The requirements for filing a foreign priority claim differ for applications filed before and after September 16, 2012. The key difference lies in where the priority claim must be presented: For applications filed on or after September 16, 2012: The priority claim must be presented in an Application Data Sheet (ADS). This is specified in…
Read MoreHow does 37 CFR 1.63(d) relate to oath or declaration in a divisional application?
37 CFR 1.63(d) provides a simplified process for submitting an oath or declaration in a divisional application. The MPEP states: ’37 CFR 1.63(d) provides that a newly executed oath or declaration is not required in a continuation or divisional application filed by all or by fewer than all of the inventors named in a prior…
Read MoreWhat are the main components required in a nonprovisional patent application?
A nonprovisional patent application filed under 35 U.S.C. 111(a) must include several key components. According to the MPEP, these include: A specification as prescribed by 35 U.S.C. 112 A drawing as prescribed by 35 U.S.C. 113 (if necessary) An oath or declaration as prescribed by 35 U.S.C. 115 The application filing fee The MPEP states:…
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