How can I convert a provisional patent application to a nonprovisional application?
The USPTO allows for the conversion of a provisional patent application to a nonprovisional application under specific circumstances. The MPEP states: “Requests to convert a provisional application filed under 37 CFR 1.53(c) to a nonprovisional application under 37 CFR 1.53(b) where the provisional application is before the Office of Patent Application Processing.“ This conversion process…
Read MoreCan a nonprovisional patent application be converted to a provisional application?
Yes, it is possible to convert a nonprovisional patent application to a provisional application under certain circumstances. The MPEP states: “Petitions to convert a nonprovisional application filed under 37 CFR 1.53(b) to a provisional application under 37 CFR 1.53(c) where the nonprovisional application is before the Office of Initial Patent Examination or where the nonprovisional…
Read MoreHow can an attorney or agent withdraw from a patent application before the Office of Patent Application Processing?
An attorney or agent can withdraw from representing a client in a patent application before the Office of Patent Application Processing (OPAP) by submitting a petition. The MPEP states: “Petitions for the withdrawal of attorney or agent of record under 37 CFR 1.36 in patent applications involved in proceedings before the Office of Patent Application…
Read MoreHow can I add or delete an inventor’s name in a provisional patent application?
The USPTO provides two separate procedures for adding or deleting an inventor’s name in a provisional patent application: To add an inventor: 37 CFR 1.48(d) To delete an erroneously named inventor: 37 CFR 1.48(e) The MPEP states: “Requests under 37 CFR 1.48(d) to add the name of an inventor in a provisional application.“ “Requests under…
Read MoreWhen are new drawings required before examination in a patent application?
New drawings may be required before examination in several situations: When drawings have not been filed, but a drawing will aid in understanding the invention (see MPEP § 608.02). When applications appear to be missing drawings (see MPEP § 601.01(f) or 601.01(g)). When the Office of Patent Application Processing (OPAP) finds the drawings unacceptable for…
Read MoreWhat is the purpose of OPAP’s drawing review in patent applications?
The Office of Patent Application Processing (OPAP) performs an initial review of drawings in new utility and plant patent applications to determine whether the drawings can be effectively scanned for publication purposes. As stated in the MPEP: “OPAP inspects the drawings to see if they can be effectively scanned and adequately reproduced.” This review ensures…
Read MoreWhat types of drawing issues can OPAP object to in a patent application?
OPAP may object to and require corrected drawings within a set time period for several issues. According to the MPEP, these include: Line quality that is too light to be reproduced Illegible text Missing lead lines Excessive text or non-English text Incorrect margins or paper size Improper figure labeling Illegible photographs that could be illustrated…
Read MoreWhat is the process for submitting corrected drawings after OPAP objection?
If OPAP objects to the drawings in a patent application, there is a specific process for submitting corrected drawings. The MPEP states: “If OPAP objects to the drawings and sends applicant a Notice requiring submission of corrected drawings within a set time period (usually two months), corrected drawings must be filed, in paper, to the…
Read MoreHow does the USPTO handle informal drawings in patent applications?
The USPTO handles informal drawings in patent applications as follows: If the drawings are informal but otherwise sufficient for examination, the USPTO will accept them provisionally. The drawings will be approved by the Office of Patent Application Processing (OPAP) for publication purposes. Formal drawings will be required if the application is allowed. According to MPEP…
Read MoreWhat is the purpose of the PTO-948 form in patent applications?
The PTO-948 form, also known as the ‘Drawing Informalities’ form, serves the following purposes in patent applications: It is used by the Office of Patent Application Processing (OPAP) to indicate that the drawings submitted with the application are informal but acceptable for publication purposes. It notifies the examiner that the drawings may need to be…
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