What is the significance of a national application being made under 35 U.S.C. 111?
What is the significance of a national application being made under 35 U.S.C. 111? A national application made under 35 U.S.C. 111 signifies that it is filed directly with the United States Patent and Trademark Office (USPTO) and follows the standard U.S. patent application process. The MPEP 201.01 states: ‘A national application is one that…
Read MoreCan a divisional application claim the benefit of the filing date of the prior application?
Yes, a divisional application can claim the benefit of the filing date of the prior application. The MPEP ¶ 2.01 states: Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. To claim this…
Read MoreCan a provisional application be called a ‘continuation’?
No, a provisional application should not be referred to as a ‘continuation’. The MPEP clearly states: “An application claiming the benefit of a provisional application under 35 U.S.C. 119(e) should not be called a ‘continuation’ of the provisional application.” This is because provisional applications serve a different purpose than continuation applications. Provisional applications are temporary…
Read MoreWhat is an international application in patent law?
An international application in patent law refers to a patent application filed under the Patent Cooperation Treaty (PCT). The definition of an international application is provided in 37 CFR 1.9(b). Key points about international applications: They are filed under the PCT framework They can potentially lead to patent protection in multiple countries They undergo an…
Read MoreWhat is an international design application?
An international design application is a specific type of patent application for industrial designs. The definition of an international design application is provided in 37 CFR 1.9(n). Key points about international design applications: They are filed under the Hague Agreement Concerning the International Registration of Industrial Designs They allow applicants to seek protection for industrial…
Read MoreCan a divisional application claim priority to its parent application?
Yes, a divisional application can claim priority to its parent application. This is one of the key benefits of filing a divisional application. According to MPEP 201.06: ‘A divisional application is entitled to the benefit of the filing date of the prior application.’ This means that the divisional application: Retains the priority date of the…
Read MoreWhat is the legal basis for denying amendments to CPA specifications?
The legal basis for denying amendments to Continued Prosecution Application (CPA) specifications that attempt to reference prior applications stems from both federal regulations and patent law. Specifically: 37 CFR 1.53(d)(7): This regulation establishes that a CPA request itself serves as the specific reference required by 35 U.S.C. 120. 35 U.S.C. 120: This statute outlines the…
Read MoreWhat does it mean when an MPEP section is marked as [Reserved]?
When an MPEP section is marked as [Reserved], it indicates that the section number exists but there is currently no content provided for that section. The MPEP states in section 212: 212 [Reserved] [R-]
Read MoreCan the inventorship in a continuation or continuation-in-part application differ from the parent application?
Yes, the inventorship in a continuation or continuation-in-part (CIP) application can differ from the parent application, but there are specific requirements: 1. For continuation applications: The inventorship must include at least one inventor named in the prior-filed application. 2. For CIP applications: The inventorship can change more significantly due to the addition of new matter.…
Read MoreWhat is the effect of filing a continuation or continuation-in-part application on the parent application?
Filing a continuation or continuation-in-part (CIP) application does not automatically affect the status of the parent application. The parent application continues to be examined or remains patented (if already issued) independently of the child application. Key points to note: 1. The parent application remains pending unless expressly abandoned, allowed to go abandoned, or issued as…
Read More