How is the correspondence address specified in a patent application filed before September 16, 2012?
For applications filed before September 16, 2012, the correspondence address must be specified in one of two ways: In an application data sheet (37 CFR 1.76) In a clearly identifiable manner in any paper submitted with the application filing As stated in MPEP 403.01(b): Pre-AIA 37 CFR 1.33(a) provides for an applicant to supply an…
Read MoreWhat happens if there’s a postal service interruption or emergency affecting patent filings?
In the event of a postal interruption or emergency, the USPTO will take the following actions: Place an announcement on the USPTO website at www.uspto.gov Publish a notice in the Official Gazette These communications will provide instructions about filing patent applications and other patent-related papers. As stated in MPEP 511: “In the event of a…
Read MoreWhat certifications are made when presenting a paper to the USPTO?
When presenting any paper to the USPTO, the party (whether a practitioner or non-practitioner) is making important certifications as outlined in 37 CFR 11.18(b): All statements made of the party’s own knowledge are true. Statements made on information and belief are believed to be true. The paper is not being presented for any improper purpose…
Read MoreWhat defines a ‘new’ application according to the MPEP?
According to MPEP 203.01, a ‘new’ application is defined as follows: A ‘new’ application is a nonprovisional application that has not yet received an action by the examiner. This means that a patent application is considered ‘new’ from the time it is filed until the patent examiner issues their first official response or action on…
Read MoreWhat is an incomplete patent application?
An incomplete patent application is one that is not entitled to a filing date because it lacks some of the essential parts required by the United States Patent and Trademark Office (USPTO). As stated in MPEP 203.06: An application that is not entitled to a filing date (e.g., for lacking some of the essential parts)…
Read MoreWhat is a provisional patent application?
A provisional patent application is a type of U.S. patent application that allows inventors to establish an early filing date for their invention without the need for a formal patent claim or oath/declaration. According to MPEP 201.04, a provisional application is defined as: “A provisional application as used in this chapter means a U.S. national…
Read MoreWhat are the consequences of not converting a provisional application within 12 months?
What are the consequences of not converting a provisional application within 12 months? If you do not convert a provisional application to a nonprovisional application within 12 months, there are significant consequences: The provisional application will automatically expire. You will lose the benefit of the provisional filing date. The subject matter disclosed in the provisional…
Read MoreWhat are the requirements for filing a continuation or divisional application before September 16, 2012?
For continuation or divisional applications filed before September 16, 2012 under 37 CFR 1.53(b) (excluding continuation-in-part applications), applicants could file using a copy of the oath or declaration from the prior nonprovisional application. This is supported by the MPEP, which states: “A continuation or divisional application filed before September 16, 2012 under 37 CFR 1.53(b)…
Read MoreCan a provisional patent application be converted to a nonprovisional application?
Yes, a provisional patent application can be converted to a nonprovisional application. According to MPEP 201.04: “A provisional application filed under paragraph (c) of this section may be converted to a nonprovisional application filed under paragraph (b) of this section and accorded the original filing date of the provisional application.” However, there are specific requirements…
Read MoreWhat is the required oath or declaration for a divisional application?
What is the required oath or declaration for a divisional application? For a divisional application, a new oath or declaration is generally required. However, there are exceptions: If the application is filed on or after September 16, 2012, a copy of the oath or declaration from the prior nonprovisional application may be used, provided that…
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