How do the filing date requirements differ for applications filed before December 18, 2013?

The filing date requirements for applications filed before December 18, 2013, were more stringent compared to those filed after this date due to the implementation of the Patent Law Treaties Implementation Act (PLTIA). The MPEP states: For applications filed under pre-PLT (AIA) 35 U.S.C. 111 prior to December 18, 2013, a filing date is assigned…

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What changes were introduced by the Patent Law Treaties Implementation Act of 2012 (PLTIA) regarding filing date requirements?

The Patent Law Treaties Implementation Act of 2012 (PLTIA) introduced significant changes to the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a). The MPEP states: Effective December 18, 2013, the Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the patent laws to implement the provisions of the Patent Law Treaty in…

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How does the filing date affect assignee prosecution rights?

The filing date of a patent application can affect the prosecution rights of assignees. MPEP 106.01 distinguishes between applications filed before and after September 16, 2012: For applications filed before September 16, 2012: See MPEP § 324 for information on prosecution by the assignee. For applications filed on or after September 16, 2012: See MPEP…

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What are the requirements for claiming benefit of a prior-filed application in a continuation or continuation-in-part application?

To claim the benefit of a prior-filed application in a continuation or continuation-in-part application, several requirements must be met: 1. The application must be filed before the patenting, abandonment, or termination of proceedings on the prior application. 2. The application must contain or be amended to contain a specific reference to the prior application. For…

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What changes did the Patent Law Treaties Implementation Act (PLTIA) introduce?

The Patent Law Treaties Implementation Act (PLTIA) of 2012 introduced several important changes to US patent law, particularly regarding priority claims and international applications. Key changes include: Restoration of the right of priority to a foreign application or the benefit of a provisional application in certain cases Ability to file international design applications Ability to…

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What is the difference between a suspended and an excluded patent practitioner?

While both suspended and excluded patent practitioners are prohibited from practicing before the USPTO, there are differences in the nature and duration of the prohibition: Suspended practitioner: Temporarily prohibited from practicing before the USPTO for a specific period. Excluded practitioner: Permanently prohibited from practicing before the USPTO, unless later reinstated. The MPEP § 407 uses…

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What restrictions apply to USPTO employees regarding patents?

USPTO employees are subject to several restrictions regarding patents: They cannot apply for a patent during their employment and for one year after. They cannot acquire any patent or interest in a patent, directly or indirectly, except through inheritance or bequest, during employment and for one year after. For patents applied for after the one-year…

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