How does the USPTO define different types of patent applications?
The United States Patent and Trademark Office (USPTO) defines different types of patent applications in the Code of Federal Regulations (CFR) and the Manual of Patent Examining Procedure (MPEP). Specifically: National application, Provisional application, and Nonprovisional application are defined in 37 CFR 1.9(a) International application is defined in 37 CFR 1.9(b) International design application is…
Read MoreCan an assignee revoke power of attorney in all types of patent applications?
Can an assignee revoke power of attorney in all types of patent applications? An assignee’s ability to revoke power of attorney applies to most, but not all, types of patent applications. According to MPEP 402.07, there are specific scenarios where this is explicitly allowed: “For applications involved in an interference or derivation proceeding, 37 CFR…
Read MoreWhat is a divisional application?
A divisional application is a later application for an independent or distinct invention, carved out of a nonprovisional application. It discloses and claims only subject matter disclosed in the earlier or parent application. As stated in MPEP 201.06: A later application for an independent or distinct invention, carved out of a nonprovisional application (including a…
Read MoreWhat is a continuation or divisional application under 37 CFR 1.53(b)?
A continuation or divisional application is a type of continuing application filed under 37 CFR 1.53(b). According to the MPEP, An application filed under 37 CFR 1.53(b) may be an original or a reissue, a continuation, a divisional, a continuation-in-part, or a substitute. These applications are filed under 35 U.S.C. 111(a) and can be for…
Read MoreWhat is the difference between a continuation and a continuation-in-part application?
A continuation application and a continuation-in-part (CIP) application are both types of patent applications that stem from an earlier application, but they differ in their content: Continuation application: Contains the same disclosure as the prior application without adding any new matter. As stated in MPEP 201.07, ‘A continuation application is an application for the invention(s)…
Read MoreWhat is the difference between a continuation-in-part application and a regular continuation application?
A continuation-in-part (CIP) application differs from a regular continuation application in the following ways: A CIP application contains a portion or all of the disclosure of an earlier application and adds matter not disclosed in the earlier application. A regular continuation application contains the same disclosure as the earlier application without adding new matter. As…
Read MoreHow does a divisional application differ from a continuation-in-part application?
A divisional application discloses and claims only subject matter disclosed in the parent application, while a continuation-in-part (CIP) application may include new matter. The MPEP states: A continuation-in-part application should not be designated as a divisional application. The Court of Appeals for the Federal Circuit has concluded that the protection of the third sentence of…
Read MoreWhat types of patent applications can use a CPA?
Continued Prosecution Applications (CPAs) are limited to specific types of patent applications: Design Applications: CPAs are available for design applications filed before May 29, 2000. Plant Applications: CPAs can be used for plant patent applications. It’s important to note that CPAs are not available for utility patent applications filed on or after May 29, 2000.…
Read MoreWhat is the difference between a continuation application and a continuation-in-part (CIP) application?
A continuation application and a continuation-in-part (CIP) application are both types of patent applications that claim priority to an earlier filed application, but they differ in their content: Continuation application: Contains the same disclosure as the prior application without adding any new matter. As stated in MPEP 201.07: “A continuation application is an application for…
Read MoreCan a design patent application be filed as a provisional application?
No, a design patent application cannot be filed as a provisional application. The MPEP 201.01 states: “Design applications and provisional applications for patent are considered to be distinct types of applications and are treated as separate categories.” This means that design patent applications must be filed as nonprovisional applications. Provisional applications are only available for…
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