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…

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How 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…

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Can 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.…

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What 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.

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What 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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