How does the AIA change the process for applications with deceased or incapacitated inventors?
How does the AIA change the process for applications with deceased or incapacitated inventors? The America Invents Act (AIA) introduced significant changes to the patent application process, including how applications with deceased or legally incapacitated inventors are handled. According to MPEP 409.01(a): “Effective September 16, 2012, the Office revised the rules of practice to permit…
Read MoreCan amendments be made to a provisional application after filing?
Generally, amendments to a provisional application are not permitted after the filing date, except for those required to comply with applicable regulations. The MPEP clearly states: Amendments, other than those required to make the provisional application comply with applicable regulations, are not permitted after the filing date of the provisional application. (MPEP 601.01(b)) This restriction…
Read MoreHow do you handle patent applications when an inventor becomes legally incapacitated after signing the oath or declaration?
If an inventor becomes legally incapacitated after signing the oath or declaration, the application can still proceed. According to MPEP 409.01: If an inventor who executed the oath or declaration becomes legally incapacitated after the application is filed but before the patent issues, no substitute oath or declaration is required. This means that the previously…
Read MoreWhat happens if a patent application is missing an abstract?
If a patent application is missing an abstract, the following actions will be taken: For applications filed under 35 U.S.C. 111(a), the Office of Patent Application Processing (OPAP) will review for compliance and require an abstract if one has not been filed. For all other applications lacking an abstract, the examiner will require the submission…
Read MoreHow long do I have to pay the basic filing fee for a provisional application?
The basic filing fee for a provisional application must be paid either: At the time of filing, or Within the time period set forth in 37 CFR 1.53(g) If no correspondence address is provided, the applicant has two months from the filing date to pay the basic filing fee, submit the cover sheet, and pay…
Read MoreWhat happens if a provisional application is filed without a complete cover sheet?
If a provisional application is filed without a complete cover sheet, the USPTO will still treat it as a provisional application. However, the applicant will be required to submit the complete cover sheet and pay a surcharge at a later date. The MPEP explains: A provisional application, which is identified as such, but which does…
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