What 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 § 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;…
Read MoreWhat happens to Information Disclosure Statements (IDS) when filing a CPA?
When filing a Continued Prosecution Application (CPA), previously filed Information Disclosure Statements (IDS) are handled as follows: All IDSs filed in the prior application that comply with 37 CFR 1.98 are automatically considered in the CPA No specific request is needed for the examiner to consider the previously submitted information New IDSs can be filed…
Read MoreHow does filing a CPA affect confidentiality under 35 U.S.C. 122?
Filing a Continued Prosecution Application (CPA) has implications for the confidentiality of the application under 35 U.S.C. 122: Filing a CPA is construed as a waiver of confidentiality to a certain extent Members of the public entitled to access the prior application may be given similar access to the CPA and other related applications This…
Read MoreHow does a CPA affect benefit claims under 35 U.S.C. 120?
A Continued Prosecution Application (CPA) automatically maintains the benefit claim to the prior application under 35 U.S.C. 120 without requiring a separate statement. Key points include: The CPA request itself serves as the specific reference required by 35 U.S.C. 120 No amendment to the specification or application data sheet is needed to maintain the benefit…
Read MoreCan the inventorship be changed when filing a CPA?
The inventorship in a Continued Prosecution Application (CPA) generally remains the same as in the prior application, but it can be changed under certain circumstances: The inventorship automatically carries over from the prior application unless a statement is filed requesting deletion of inventors Inventors can be deleted by filing a statement with the CPA request…
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