How 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:…
Read MoreWhat happens if a previously non-signing inventor decides to join a pre-AIA 37 CFR 1.47 application?
If a previously non-signing inventor decides to join a pre-AIA 37 CFR 1.47 application, they can do so by filing the appropriate documentation. The MPEP states: “In the event the previously nonsigning inventor decides to join in the application by filing an executed oath or declaration complying with pre-AIA 37 CFR 1.63, the oath or…
Read MoreCan a nonsigning inventor revoke or grant a power of attorney?
A nonsigning inventor who subsequently joins an application cannot revoke or grant a power of attorney in certain situations. MPEP 402.05(a) explains: 37 CFR 1.64(f) provides that the submission of an oath or declaration by a nonsigning inventor or legal representative in an application filed under 37 CFR 1.43, 1.45 or 1.46 will not permit…
Read MoreWhat information is required for inventor’s citizenship in a patent application?
What information is required for inventor’s citizenship in a patent application? For patent applications, the inventor’s citizenship must be provided. According to MPEP 602.08(b), ‘The inventor’s citizenship must be specifically identified in the oath or declaration.’ This requirement applies to both utility and design patent applications. The MPEP further states: ‘It is not sufficient for…
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