Are the rules for utility patents applicable to design patents?
Yes, the rules for utility patents are generally applicable to design patents, with some exceptions. This is clearly stated in 37 CFR 1.151: “The rules relating to applications for patents for other inventions or discoveries are also applicable to applications for patents for designs except as otherwise provided.” However, it’s important to note that there…
Read MoreHow can I restore the right of priority in an international patent application?
To restore the right of priority in an international patent application, you need to submit a request under PCT Rule 26bis.3, 37 CFR 1.55, or 37 CFR 1.78. These requests are decided by the Director of International Patent Legal Administration. According to MPEP 1002.02(p): “Requests under PCT Rule 26bis.3, 37 CFR 1.55, or 37 CFR…
Read MoreHow can I participate in a Patent Prosecution Highway (PPH) program?
To participate in a Patent Prosecution Highway (PPH) program, you need to submit a request to the Director of International Patent Legal Administration. As stated in MPEP 1002.02(p): “Requests for participation in a Patent Prosecution Highway program (www.uspto.gov/patents/init_events/pph/index.jsp).” To participate in the PPH program: Ensure your application meets the eligibility requirements for the specific PPH…
Read MoreCan a reissue oath/declaration be signed by someone other than the inventor?
Yes, in certain circumstances, a reissue oath/declaration can be signed by someone other than the inventor. MPEP 1414 outlines these situations: “For applications filed on or after September 16, 2012, if an inventor is deceased, under legal incapacity, or cannot be found or reached after diligent effort, an applicant under 37 CFR 1.43, 1.45 or…
Read MoreHow should changes to patent application drawings be labeled?
When making changes to patent application drawings, proper labeling is crucial. According to MPEP 608.02(p): Any changes to an application drawing must be in compliance with § 1.84 and must be submitted on a replacement sheet of drawings which shall be an attachment to the amendment document and, in the top margin, labeled “Replacement Sheet.”…
Read MoreCan I convert my national application filed under 35 U.S.C. 371 to an application under 35 U.S.C. 111(a)?
Yes, it is possible to convert a national application filed under 35 U.S.C. 371 to an application filed under 35 U.S.C. 111(a), and vice versa. This process requires filing a petition under 37 CFR 1.182. According to MPEP 1002.02(p): “Petitions under 37 CFR 1.182 to convert a national application which was filed under 35 U.S.C.…
Read MoreHow many prioritized examination requests are accepted each year?
The USPTO limits the number of prioritized examination requests that can be accepted each fiscal year. The MPEP states: Until further notice, the Office will accept no more than 15,000 requests for prioritized examination in any fiscal year. This limit applies to both Track One (for new applications) and PE-RCE (for requests for continued examination)…
Read MoreWhat happened to 37 CFR 1.62 and when was it deleted?
37 CFR 1.62, which covered the File Wrapper Continuing Procedure, was deleted effective December 1, 1997. This change was announced in the Official Gazette: “See 1203 O.G. 63, October 21, 1997.” This deletion significantly impacted how certain continuation, divisional, and continuation-in-part applications were processed. For more information on patent application procedures, visit: patent application procedures.
Read MoreWhat is the difference between the Certificate of Mailing and Priority Mail Express procedures?
While both the Certificate of Mailing (37 CFR 1.8) and Priority Mail Express (37 CFR 1.10) procedures can be used to establish timely filing of USPTO correspondence, they have some key differences: Certificate of Mailing can be used with any class of mail, while Priority Mail Express is a specific USPS service. Certificate of Mailing…
Read MoreWhat happens to amendments and information disclosure statements when filing a CPA?
When filing a Continued Prosecution Application (CPA), amendments and information disclosure statements (IDS) from the prior application are handled as follows: Amendments: The MPEP states, “Any new change must be made in the form of an amendment to the prior application as it existed prior to the filing of an application under this paragraph.” Applicants…
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