What are the requirements for recording a document with additional patents or applications?
To record a document with respect to additional patents and/or patent applications, even if it has been previously recorded, the following must be submitted to the Assignment Division: (A) A copy of the original document (B) A completed cover sheet (see 37 CFR 3.31 and MPEP § 302.07) (C) The appropriate recording fee (see 37…
Read MoreCan I use a certificate of mailing for all USPTO correspondence?
Can I use a certificate of mailing for all USPTO correspondence? While the certificate of mailing or transmission is a useful tool, it cannot be used for all types of USPTO correspondence. The MPEP 502 provides specific exceptions: “The certification procedure under 37 CFR 1.8 is not available for: (A) Applications for patent under 35…
Read MoreWhat are the time limits for responding to a notice about an unlocatable file?
The USPTO sets specific time limits for responding to notices about unlocatable files, which differ for applications and patents: For applications, the MPEP states: The Office will set a time period of three months for reply in a notice under 37 CFR 1.251 in an application. The time period will be extendable under 37 CFR…
Read MoreWhat are the main types of patent applications mentioned in MPEP 201?
The MPEP 201 outlines several main types of patent applications: Nonprovisional applications for patent Provisional applications for patent International applications Design applications Plant applications Reissue applications Divisional applications Continuation applications Continuation-in-part applications Each type serves a specific purpose in the patent application process and has its own requirements and procedures. For more information on divisional,…
Read MoreHow do benefit claims work with CPAs?
Benefit claims in Continued Prosecution Applications (CPAs) have some unique characteristics: A CPA automatically includes a specific reference under 35 U.S.C. 120 to the prior application No additional amendment to the specification or application data sheet is required to claim benefit A CPA is considered to reference every application in the chain with the same…
Read MoreHow does inventorship work in a CPA?
Inventorship in a Continued Prosecution Application (CPA) generally carries over from the prior application, but there are some important considerations: The inventive entity of the CPA is automatically the same as the prior application unless a statement is filed requesting deletion of inventors A statement requesting deletion of inventors must be filed with the CPA…
Read MoreCan amendments be made when filing a CPA?
Amendments can be made when filing a Continued Prosecution Application (CPA), but there are important restrictions and considerations: Any changes must be made as an amendment to the prior application as it existed before filing the CPA No new matter can be introduced in a CPA Preliminary amendments filed with a CPA are generally entered,…
Read MoreHow does confidentiality work with CPAs?
Confidentiality in Continued Prosecution Applications (CPAs) is handled differently from standard applications. Filing a CPA includes a waiver of confidentiality to some extent: The CPA is construed to include a waiver of confidentiality under 35 U.S.C. 122 This waiver allows public access to both the prior application and any continuing applications filed under 37 CFR…
Read MoreHow are CPAs different from RCEs?
Continued Prosecution Applications (CPAs) and Requests for Continued Examination (RCEs) are both methods to continue prosecution of an application, but they have significant differences: CPAs are only available for design patent applications, while RCEs can be used for utility, plant, and design applications CPAs result in a new application with the same application number, while…
Read MoreWhat happens if an improper CPA is filed?
When an improper Continued Prosecution Application (CPA) is filed, the USPTO’s response depends on the type of application and the nature of the impropriety: For utility or plant applications filed on or after July 14, 2003, an improper CPA is treated as a Request for Continued Examination (RCE) if possible If the improper CPA doesn’t…
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