What is the significance of the term ‘copending’ in continuation applications?
What is the significance of the term ‘copending’ in continuation applications? The term ‘copending’ is crucial in the context of continuation applications. According to MPEP 201.07: A continuation application is an application for the invention(s) disclosed in a prior-filed copending nonprovisional application, international application designating the United States, or international design application designating the United…
Read MoreWhat are the requirements for claiming benefit of a prior-filed application in a continuation-in-part?
To claim the benefit of a prior-filed application in a continuation-in-part (CIP), several requirements must be met as outlined in MPEP 201.08 and 35 U.S.C. 120: The CIP must be filed before the patenting, abandonment, or termination of proceedings on the prior application. The CIP must contain or be amended to contain a specific reference…
Read MoreWhat is the filing date requirement for a divisional application?
What is the filing date requirement for a divisional application? A divisional application must be filed before the patenting or abandonment of or termination of proceedings on the original application or on an earlier-filed divisional application directed to the same elected invention. The MPEP states: “A divisional application is often filed as a result of…
Read MoreWhat happens if a divisional application is filed after the parent application is patented or abandoned?
What happens if a divisional application is filed after the parent application is patented or abandoned? If a divisional application is filed after the parent application has been patented or abandoned, it will not be entitled to the benefit of the parent application’s filing date. The MPEP states: “A divisional application is often filed as…
Read MoreWhat is the proper procedure for correcting inventorship in a CPA?
The proper procedure for correcting inventorship in a Continued Prosecution Application (CPA) is to file a request under 37 CFR 1.48. This applies whether you’re adding or removing an inventor. The MPEP guidance states: ‘Any request to add an inventor must be in the form of a request under 37 CFR 1.48.’ This formal request…
Read MoreWhat happens to a provisional application after one year?
What happens to a provisional application after one year? A provisional application automatically becomes abandoned 12 months after its filing date. The MPEP 201.04 states: ‘A provisional application will automatically be abandoned 12 months after its filing date and will not be subject to revival to restore it to pending status thereafter.’ This means that…
Read MoreHow should priority papers be marked to ensure proper correlation with U.S. applications?
To ensure proper correlation between priority papers and U.S. applications, the MPEP suggests: “It is suggested that a notation of the application number of the corresponding U.S. application be placed on the priority papers when such papers are not submitted via a priority document exchange program. Such notation should be placed directly on the priority…
Read MoreHow can I correct a returned assignment document at the USPTO?
If your assignment document is returned by the USPTO Assignment Division, you can correct it as follows: The returned document will be stamped with the original receipt date. It will come with a letter specifying a time period for correction and resubmission. If resubmitted within this period, the original receipt date may be considered the…
Read MoreWhen is a new assignment required for a continuation-in-part (CIP) application?
A new assignment is generally required for a continuation-in-part (CIP) application, with one exception. According to MPEP 306: Substitute or continuation-in-part applications require the recordation of a new assignment if they are to be issued to an assignee, unless the substitute or continuation-in-part application is filed on or after September 16, 2012, and the assignee…
Read MoreWhat happens if a patent application is filed with informal papers?
If a patent application is filed with informal papers (e.g., typed on both sides of the paper, not permanent, legible, or reproducible), the USPTO will still accord a filing date if the application otherwise meets the requirements. The MPEP states: OPAP accords a filing date, as of the date indicated by the “Office Date” stamp…
Read More