Can a delayed benefit claim be filed for design applications?
Yes, delayed benefit claims can be filed for design applications. The MPEP 211.04 provides specific information about this: “Effective May 13, 2015, 37 CFR 1.78(d)(3) was amended to make the procedures under 37 CFR 1.78(e) to accept an unintentionally delayed benefit claim applicable to design applications where the benefit claim was not submitted during the…
Read MoreCan I file a divisional-continuation application after my parent application has been patented?
Can I file a divisional-continuation application after my parent application has been patented? No, you cannot file a divisional-continuation application after your parent application has been patented. According to MPEP 201.06(c): “The divisional application must be filed before the patenting or abandonment of or termination of proceedings on the prior application.” This means that the…
Read MoreWhat is the significance of the term ‘nonprovisional’ in patent applications?
What is the significance of the term ‘nonprovisional’ in patent applications? The term ‘nonprovisional’ in patent applications is significant because it distinguishes these applications from provisional applications: Examination: Nonprovisional applications undergo substantive examination by the USPTO, while provisional applications do not. Patent Grant: Only nonprovisional applications can mature into granted patents. Duration: Nonprovisional applications have…
Read MoreWhat is the purpose of the Issue Notification in the patent application process?
What is the purpose of the Issue Notification in the patent application process? The Issue Notification serves as an important communication in the patent application process. According to the MPEP 308, “The Issue Notification identifies the issue date of the patent number assigned to the application.” This notification is crucial because it: Informs the applicant…
Read MoreHow does the USPTO handle requests for early delivery of patents?
How does the USPTO handle requests for early delivery of patents? The USPTO has a specific process for handling requests for early delivery of patents. According to MPEP 308: “Ordinarily the patent grant is delivered to the correspondence address of record. However, a patentee may request in writing before the issue date that the patent…
Read MoreCan a continuation application be filed after the parent application is granted or abandoned?
Yes, a continuation application can be filed after the parent application is granted or abandoned, but there are timing restrictions. The MPEP states: At any time before the patenting, abandonment, or termination of proceedings on an earlier application, an applicant may have recourse to filing a continuation application under 37 CFR 1.53(b) in order to…
Read MoreWhat happens if I file a foreign priority claim after paying the issue fee but before the patent grant?
If you file a foreign priority claim after paying the issue fee but before the patent grant: The claim will be placed in the file record There may be no review of the papers The published patent will not include the priority claim To have the priority claim considered after publication, you will need to…
Read MoreTo whom is a patent granted when filed by someone other than the inventor?
When a patent is granted on an application filed by someone other than the inventor, it is issued to the real party in interest. This is stipulated in both 35 U.S.C. 118 and 37 CFR 1.46(e): 35 U.S.C. 118 states: If the Director grants a patent on an application filed under this section by a…
Read MoreWhat are the applicant’s responsibilities regarding models, exhibits, or specimens after a patent is granted?
After a patent is granted, the applicant has specific responsibilities regarding models, exhibits, or specimens: The applicant is responsible for retaining the actual model, exhibit, or specimen for the enforceable life of the patent. This responsibility does not apply if: The model or exhibit substantially conforms to the requirements of 37 CFR 1.52 or 1.84.…
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