What is the critical reference date for a U.S. patent or patent application publication?
The critical reference date for a U.S. patent or patent application publication under 35 U.S.C. 102(e) as amended by the American Inventors Protection Act of 1999 (AIPA) (pre-AIA) is the earliest effective U.S. filing date. This is stated in MPEP 2136.03: “The critical reference date of a U.S. patent or patent application publication under pre-AIA…
Read MoreWill the USPTO mail me a paper copy of my published patent application?
No, the USPTO does not mail paper copies of published patent applications to applicants. According to MPEP 1127: “The Office will not mail a paper copy of the patent application publication to the applicant, but will mail a ‘Notice of Publication’ to the applicant indicating that the application has been published when the application is…
Read MoreHow are lengthy sequence listings handled in patent application publications?
Lengthy sequence listings are handled differently in patent application publications due to their size and format. According to MPEP 1121: “Due to the high cost and limited usefulness of printed paper or composed electronic image versions of lengthy nucleotide and/or amino acid sequences, ‘Sequence Listings’ (for applications filed before July 1, 2022) and ‘Sequence Listing…
Read MoreWhat is the purpose of republication of patent application publications?
The purpose of republication of patent application publications is to correct errors in the original publication or to add previously omitted material. According to MPEP 1130: “The Office may republish patent application publications as corrected publications. Republication may be required when the Office becomes aware of a significant error in a patent application publication that…
Read MoreWhat is included in a patent application publication?
A patent application publication typically includes: A front page with information similar to that on a patent front page Drawings (if any) The specification (including claims) The publication is generally based on: Patent application papers and drawings filed on the application filing date The executed oath or declaration and/or application data sheet (for applications filed…
Read MoreHow can applicants correct errors in a published patent application?
Correcting errors in a published patent application depends on the nature of the error and when it’s discovered. According to MPEP 1121: Before publication: Applicants can review bibliographic information and scanned application papers via Patent Center or Private PAIR Errors should be brought to the Office’s attention before technical preparations for publication begin (generally four…
Read MoreHow is assignee information included in a patent application publication?
The inclusion of assignee information in a patent application publication depends on the filing date of the application and how the information is submitted. According to MPEP 1121: For applications filed on or after September 16, 2012: Assignee data must be submitted on the Application Data Sheet (ADS) For applications filed before September 16, 2012:…
Read MoreCan amendments be included in a patent application publication?
Yes, amendments can be included in a patent application publication if they are submitted in sufficient time and in the correct format. According to MPEP 1121: “The patent application publication may also be based upon amendments that expedite the publication process, provided that such amendments are submitted in sufficient time to be entered into the…
Read MoreWhat is the difference between a Defensive Publication and a patent application publication?
A Defensive Publication is distinct from a patent application publication in several ways: It is not a patent or an application publication under 35 U.S.C. 122(b). It is considered a publication for prior art purposes. It becomes prior art only as of its publication date. The applicant waives rights to an enforceable patent when opting…
Read MoreWhat is the deadline for updating residence information for patent application publication?
According to MPEP 719.02, there is a specific deadline for updating residence information to be reflected in a patent application publication: For a patent application publication to be published with residence information that differs from that originally filed, the revised information must be entered into the Office electronic records at least nine weeks before the…
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