What are the advantages of filing a CPA instead of a regular continuation application?
Filing a Continued Prosecution Application (CPA) for design patents has several advantages over filing a regular continuation application under 37 CFR 1.53(b): Minimal filing requirements – only a request on a separate paper and the filing fee are needed No new oath or declaration is required Faster processing – the CPA uses the file and…
Read MoreWhat does copendency mean in patent applications?
Copendency refers to the requirement that two related patent applications must be pending at the same time for one to claim the benefit of the earlier filing date of the other. The MPEP states: Copendency between the current application and the prior application is required. This means that the later application must be filed before…
Read MoreHow does 37 CFR 1.57(b) relate to priority claims in patent applications?
37 CFR 1.57(b) is closely tied to priority claims in patent applications. For an amendment to comply with this regulation, the claim for priority or benefit of the prior-filed application must have been present on the filing date of the current application. The MPEP specifically states that an amendment may not comply with 37 CFR…
Read MoreDo certified copies of patent applications include assignment information?
No, certified copies of patent applications as filed do not include an indication of assignment documents. According to the MPEP 303, “Certified copies of patent applications as filed do not include an indication of assignment documents.” This means that the initial certified copy of a patent application does not contain information about any assignments that…
Read MoreWhat statement must be included in patent applications for inventions made with government support?
For inventions made with government support, contractors must include a specific statement at the beginning of the patent application and any resulting patents. This requirement is mandated by 35 U.S.C. 202(c)(6). The statement should read: “This invention was made with government support under (identify the contract) awarded by (identify the Federal agency). The government has…
Read MoreWhat 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 ยง 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…
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