What happens to the inventorship in a CPA?
The inventorship in a Continued Prosecution Application (CPA) generally carries over from the prior application, unless specific steps are taken to change it. The MPEP states: The inventive entity set forth in the prior nonprovisional application automatically carries over into the CPA UNLESS the request for a CPA is accompanied by or includes on filing…
Read MoreHow does a CPA affect priority claims and terminal disclaimers?
Continued Prosecution Applications (CPAs) automatically carry over certain aspects from the parent application. Specifically: Priority claims under 35 U.S.C. 119(a)-(d) made in the parent application automatically carry over to a CPA. A terminal disclaimer filed in the parent application carries over to a CPA. The MPEP explains: Priority claims under 35 U.S.C. 119(a)-(d) made in…
Read MoreHow does the filing date of a CPA differ from other applications?
The filing date of a Continued Prosecution Application (CPA) is determined differently from other types of patent applications. For a CPA, the filing date is the date on which a request for a CPA is filed on a separate paper. The MPEP states: The filing date of a continued prosecution application is the date on…
Read MoreHow does a CPA affect the priority claim to the parent application?
A Continued Prosecution Application (CPA) automatically maintains the priority claim to its parent application without requiring a separate reference. The CPA itself serves as the specific reference required under 35 U.S.C. 120. The MPEP states: A request for a CPA is the specific reference required by 35 U.S.C. 120 to every application assigned the application…
Read MoreWhat happens if there are deficiencies in the priority papers?
If priority papers are found to be deficient in material respects, such as failure to include the correct certified copy, applicants should ensure that there is sufficient time to remedy any defects. The MPEP advises: “Frequently, priority papers are found to be deficient in material respects, such as for example, the failure to include the…
Read MoreWhat is cross-noting in patent applications?
Cross-noting in patent applications refers to the process of recording and verifying information about prior applications, including U.S. and foreign applications, for which benefit or priority is claimed. This information is typically noted on the bibliographic data (bib-data) sheet of the application and is used to ensure accurate representation of priority claims on the front…
Read MoreWhat is the ‘certified copy’ of a foreign application?
A certified copy of a foreign application is a copy of the original foreign application with a certification by the patent office of the foreign country in which it was filed. According to the MPEP, “Certified copies ordinarily consist of a copy of the specification and drawings of the applications as filed with a certificate…
Read MoreHow do I amend my application to include inadvertently omitted material under 37 CFR 1.57(b)?
To amend your application to include inadvertently omitted material under 37 CFR 1.57(b), you must: File an amendment to include the omitted material within the time period set by the USPTO Ensure the amendment is filed before the close of prosecution or abandonment of the application Supply a copy of the prior-filed application (unless it’s…
Read MoreWhat are the general terms used to describe patent applications?
The Manual of Patent Examining Procedure (MPEP) outlines several general terms used to describe patent applications: National application Provisional application Nonprovisional application International application International design application Original application Continuing application Substitute application These terms are defined in various sections of 37 CFR 1.9 and further explained in MPEP ยง 201. To learn more: patent…
Read MoreHow are black and white photographs and grayscale drawings handled in patent applications?
Black and white photographs and grayscale drawings are handled uniformly across various types of patent applications and proceedings. According to MPEP 608.02(c): Black and white photographs and grayscale drawings in: (i) provisional applications under 35 U.S.C. 111(b); (ii) nonprovisional utility and design patent applications under 35 U.S.C. 111(a), including reissue utility and design patent applications;…
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