How does the filing date of a CPA affect the prior application?
The filing of a Continued Prosecution Application (CPA) has significant effects on the prior application: The CPA is considered a request to expressly abandon the prior application as of the filing date of the CPA The prior application is automatically abandoned in favor of the CPA The filing date of the CPA is the date…
Read MoreWhat is the difference between 37 CFR 1.53(b) and 37 CFR 1.53(d) applications regarding affidavits?
The treatment of affidavits and declarations differs between applications filed under 37 CFR 1.53(b) and those filed under 37 CFR 1.53(d): 37 CFR 1.53(b) applications: Affidavits and declarations from prior applications do not automatically become part of the new application. 37 CFR 1.53(d) applications: Affidavits and declarations filed during the prosecution of the parent nonprovisional…
Read MoreWhat are the main types of patent applications in the United States?
There are several types of patent applications in the United States: Nonprovisional applications filed under 35 U.S.C. 111(a), including utility, plant, and design patent applications Provisional applications filed under 35 U.S.C. 111(b) International applications filed under the Patent Cooperation Treaty (PCT) International design applications filed under the Hague Agreement The MPEP states: Applications filed under…
Read MoreWhat is a design patent application and how does it differ from a utility patent application?
Design patent applications and utility patent applications are two distinct types of patent applications that protect different aspects of inventions. According to MPEP 201: Design Patent Application: “An application for a design patent filed under 35 U.S.C. 171 may be referred to as a design application.” Design patents protect the ornamental appearance of an article…
Read MoreWhat happens if an applicant fails to respond to a request for a property rights statement?
If an applicant fails to respond to a request for a property rights statement, there can be serious consequences for the patent application. According to MPEP 150: If no proper and timely statement is received, the application will be held abandoned and the applicant so notified. The process typically involves: An initial informal request (45-Day…
Read MoreWhen should property rights statements to DOE or NASA be filed?
According to MPEP 150, property rights statements to DOE or NASA can be filed at any time, but they should be kept up-to-date to reflect accurate property rights at the time of application allowance. The MPEP states: Property rights statements to DOE or NASA may be filed at any time but should be updated if…
Read MoreWhat are the requirements for patent applications related to aeronautical and space activities?
For inventions related to aeronautical and space activities, applicants must file a statement with specific information if requested by the USPTO. According to 51 U.S.C. 20135: No patent may be issued to any applicant other than the Administrator for any invention which appears to the Under Secretary of Commerce for Intellectual Property and Director of…
Read MoreWhat is the purpose of reporting patent applications to the Department of Energy (DOE)?
Patent applications that appear to disclose, purport to disclose, or do disclose inventions or discoveries relating to atomic energy are reported to the Department of Energy. The purpose is to allow the DOE access to these applications for review. As stated in MPEP 150: Applications for patents which appear to disclose, purport to disclose or…
Read MoreWhat information must be included in a statement to the Department of Energy for atomic energy-related inventions?
For inventions related to atomic energy, applicants must file a statement under oath with specific information. According to 42 U.S.C. 2182, this statement should include: Full facts surrounding the making or conception of the invention Whether the invention was made or conceived under any contract or arrangement with the Commission (now DOE) Whether the contract…
Read MoreWhat are the restrictions on foreign filing for secrecy order applications?
Secrecy order applications are subject to strict restrictions on foreign filing to protect national security. The MPEP 130 outlines these restrictions: A secrecy order bars the filing of a foreign application based on the application under secrecy order without prior license from the Commissioner for Patents. Key points regarding foreign filing restrictions: Filing a foreign…
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