How does the filing date for a design patent application differ from utility patents?
The filing date for a design patent application is determined differently from utility patent applications. According to 35 U.S.C. 171(c): “The filing date of an application for patent for design shall be the date on which the specification as prescribed by section 112 and any required drawings are filed.” This means that to secure a…
Read MoreHow does 37 CFR 1.116 affect the entry of amendments after final rejection?
37 CFR 1.116 governs the entry of amendments after final rejection in patent applications. Key points include: Amendments may be made of right within the time period for reply. Amendments may be admitted upon a showing of good and sufficient reasons. No amendment may be made in an application after the mailing of the notice…
Read MoreHow should an applicant respond to an Office Action?
When responding to an Office Action, applicants should: Include the application number, 4-digit art unit number, and examiner’s name Include the 4-digit confirmation number on every paper filed Address all rejections and objections raised in the Office Action Provide arguments for allowability as required by 37 CFR 1.111 The MPEP section 707 states: Replies to…
Read MoreWhat types of amendments are typically denied entry in patent applications?
According to MPEP 714.19, several types of amendments are ordinarily denied entry in patent applications. Some key examples include: Amendments presenting unpatentable claims or raising new issues in applications with closed prosecution Substitute specifications that don’t comply with 37 CFR 1.125 Unsigned or improperly signed amendments Amendments filed after the expiration of the statutory period…
Read MoreWhat is the procedure for canceling a figure in a patent application?
When canceling a figure in a patent application, the following procedure should be followed: Submit a replacement sheet of drawings without the canceled figure. If the canceled figure was the only drawing on the sheet, provide a marked-up copy of the drawing sheet with an annotation showing the cancellation. Label the marked-up copy as “Annotated…
Read MoreHow are drawing errors handled in patent applications?
How are drawing errors handled in patent applications? Drawing errors in patent applications are typically addressed as follows: Minor errors: The examiner may handle these by annotations or corrections with the concurrence of the applicant. Substantial errors: These require the applicant to submit corrected drawings. According to MPEP 608.02: ‘In instances where the drawing is…
Read MoreWhat happened to 37 CFR 1.60 and when?
37 CFR 1.60, which dealt with the divisional continuation procedure, was deleted effective December 1, 1997. This change was announced in the Official Gazette, as stated in the MPEP: 37 CFR 1.60 was deleted effective December 1, 1997. See 1203 O.G. 63, October 21, 1997. This means that the specific procedures outlined in this regulation…
Read MoreWhat are the requirements for the amendment document when canceling a patent drawing figure?
When canceling a patent drawing figure, the amendment document should include: An explanation of the changes to the drawings in the remarks section. The marked-up (annotated) copy of the drawing sheet showing the cancellation. A replacement sheet of drawings without the canceled figure (if applicable). Amendments to the brief description of the drawings reflecting the…
Read MoreWhat happens if a patent application is filed without drawings?
The treatment of a patent application filed without drawings depends on the application type and filing date: For nonprovisional applications filed on or after December 18, 2013 (except design applications): The application will be accorded a filing date Drawings may be filed later, but no new matter may be added For applications filed before December…
Read MoreWhat happens if a nonprovisional application is filed without all pages of the specification?
If a nonprovisional application is filed without all pages of the specification, but contains something that can be construed as a written description, the USPTO will take the following actions: Issue a Notice of Omitted Items indicating the application has been accorded a filing date but is missing some pages of the specification. Give the…
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