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…

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Can 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…

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What 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…

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What 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…

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Can 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…

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What 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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What is the Quick Path Information Disclosure Statement (QPIDS) Pilot Program?

The Quick Path Information Disclosure Statement (QPIDS) Pilot Program is a USPTO initiative that allows, under specific circumstances, for the submission of an Information Disclosure Statement (IDS) after payment of the issue fee but prior to patent grant. According to the MPEP: “In May of 2012 the Office launched the Quick Path Information Disclosure Statement…

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