How does a U.S. national stage application differ from a regular national application?

How does a U.S. national stage application differ from a regular national application? A U.S. national stage application is derived from an international application, while a regular national application is filed directly with the USPTO. The key differences lie in their origins and the legal provisions governing them. As stated in MPEP 201.01: A national…

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What happens if new matter is introduced in a divisional application?

Introducing new matter in a divisional application is not allowed and can have serious consequences. According to MPEP 201.06: “A divisional application is a later application for an independent or distinct invention, carved out of a pending application and disclosing and claiming only subject matter disclosed in the earlier or parent application.” This means that…

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What is the difference between an ‘original’ and a ‘substitute’ application?

According to MPEP 201.02, there are important distinctions between ‘original’ and ‘substitute’ applications: Original Application: This term is used in patent statutes and rules to refer to an application that is not a reissue application. An original application can be either a first filing or a continuing application. Substitute Application: The MPEP defines a substitute…

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How does a provisional patent application differ from a nonprovisional application?

While the MPEP 201.02 doesn’t provide detailed definitions, it references 37 CFR 1.9(a) for the definitions of provisional and nonprovisional applications: Provisional Application: A temporary application that establishes an early filing date but does not mature into an issued patent without further action. Nonprovisional Application: A regular patent application that can be examined and potentially…

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How does the inventorship carry over in a CPA?

The inventorship in a Continued Prosecution Application (CPA) automatically carries over from the prior application, unless specific steps are taken to change it. As stated in the MPEP: “The inventive entity set forth in the prior nonprovisional application automatically carries over into the CPA UNLESS the request for a CPA is accompanied by or includes…

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What is the significance of the term ‘carved out’ in relation to divisional applications?

What is the significance of the term ‘carved out’ in relation to divisional applications? The term ‘carved out’ is significant in understanding the nature of divisional applications. According to MPEP 201.06: ‘A later application for an independent or distinct invention, carved out of a pending application and disclosing and claiming only subject matter disclosed in…

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Can a legal representative file a national patent application?

Yes, a legal representative can file a national patent application in certain circumstances. The Manual of Patent Examining Procedure (MPEP) 201.01 states: ‘A national application may be filed under 35 U.S.C. 111(a) in the U.S. Patent and Trademark Office (USPTO) by… (B) the legal representative (35 U.S.C. 117) of a deceased or legally incapacitated inventor.’…

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What types of national applications can be filed under 35 U.S.C. 111(a)?

Under 35 U.S.C. 111(a), two types of national applications can be filed: Nonprovisional applications: These are regular patent applications that, if granted, can result in an issued patent. Provisional applications: These provide a priority date but do not mature into patents without further action. The MPEP 201.01 states: ‘National applications may be filed under 35…

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