What constitutes a valid disclosure in a patent application?
In a patent application, a valid disclosure can include not only the description and drawings as filed, but also the claims present on the filing date. As stated in MPEP 608.01(l): “In establishing a disclosure, applicant may rely not only on the description and drawing as filed but also on the claims present on the…
Read MoreCan a divisional application include new matter?
No, a divisional application cannot include new matter that was not disclosed in the parent application. The MPEP 201.06 clearly states: ‘A divisional application is a later application for an independent or distinct invention, carved out of a prior application and disclosing and claiming only subject matter disclosed in the prior application.’ This means: The…
Read MoreHow does the IDS requirement differ for continuation-in-part applications?
How does the IDS requirement differ for continuation-in-part applications? For continuation-in-part (CIP) applications, the Information Disclosure Statement (IDS) requirements have some specific considerations. According to MPEP 609.02: ‘For continuation-in-part applications, applicant should submit an information disclosure statement complying with the content requirements of 37 CFR 1.98 at the time of filing of the continuation-in-part application.’…
Read More