How does copendency affect benefit claims between applications?
Copendency is a crucial requirement for claiming benefit between nonprovisional applications. The later-filed application must be filed before: The patenting of the prior application The abandonment of the prior application The termination of proceedings in the prior application As stated in MPEP 211.01(b): When a later-filed application is claiming the benefit of a prior-filed nonprovisional…
Read MoreWhat is copendency in patent applications?
Copendency refers to the requirement that a later-filed application claiming the benefit of a prior-filed nonprovisional application must be filed before: (A) the patenting of the prior application; (B) the abandonment of the prior application; or (C) the termination of proceedings in the prior application. As stated in MPEP 211.01(b): “If the prior application issues…
Read MoreCan copyright notices be included in patent applications?
Copyright notices may be included in patent applications under certain conditions: The notice must be placed adjacent to the copyrighted material The content must be limited to required legal elements An authorization statement must be included in the specification Notices in drawings must comply with 37 CFR 1.84(s) As stated in 37 CFR 1.71(d): “A…
Read MoreWhat are the requirements for drawing symbols in patent applications?
Drawing symbols in patent applications must adhere to specific requirements: Symbols should be clear and legible. The same part of an invention should be designated by the same reference character throughout the application. Different parts should not be designated by the same reference character. Reference characters not mentioned in the description will not be permitted…
Read MoreWhat information about patent applications is publicly available?
Certain information about patent applications is publicly available, even if the full application is not. According to 37 CFR 1.14(a)(1)(ii) and (iii), for published applications, the following information may be communicated without a petition for access: Whether the application is pending, abandoned, or patented Whether the application has been published under 35 U.S.C. 122(b) The…
Read MoreWhat is a Secrecy Order and when is it issued?
A Secrecy Order is a directive issued by the Commissioner for Patents to keep an invention secret and withhold the publication of a patent application or the grant of a patent. It is issued when: A defense agency concludes that disclosure of the invention would be detrimental to national security The agency recommends a Secrecy…
Read MoreHow does the USPTO handle applications with government property interests?
The USPTO has specific procedures for handling applications in which the government may have a property interest. According to the MPEP: For those applications in which the Government has a property interest (including applications indicating national security classified subject matter), responsibility for notifying the Commissioner for Patents of the need for a Secrecy Order resides…
Read MoreWhat is the process for obtaining a foreign filing license for a patent application?
The process for obtaining a foreign filing license is part of the USPTO’s screening procedure for patent applications. The MPEP states: A third function of the screening procedure is to process foreign filing license petitions under37 CFR 5.12(a). SeeMPEP ยง 140. The foreign filing license is automatically granted in most cases as part of the…
Read MoreWhat is a Continued Prosecution Application (CPA) and when can it be filed?
A Continued Prosecution Application (CPA) is a type of continuation or divisional application that can be filed for design patent applications under 37 CFR 1.53(d). It allows an applicant to continue prosecution of a prior design application. As stated in the MPEP: A continuation or divisional application (but not a continuation-in-part) of a prior nonprovisional…
Read MoreHow are improper CPA requests handled by the USPTO?
The USPTO handles improper Continued Prosecution Application (CPA) requests in the following ways: For utility or plant applications filed on or after July 14, 2003, improper CPA requests are treated as requests for continued examination (RCE) under 37 CFR 1.114 if the application has a filing date on or after June 8, 1995. If the…
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