How should pending U.S. patent applications be listed in an IDS?
How should pending U.S. patent applications be listed in an IDS? When listing pending U.S. patent applications in an Information Disclosure Statement (IDS), applicants must provide specific information to ensure proper identification. According to MPEP 609.04(a): “Each U.S. application listed in an information disclosure statement must be identified by the inventor, application number, and filing…
Read MoreHow are continuation or divisional applications handled under pre-AIA 37 CFR 1.47?
For continuation or divisional applications filed under 37 CFR 1.53(b) of an application previously accorded status under pre-AIA 37 CFR 1.47, the process is simplified. The MPEP states: In a continuation or divisional application filed under 37 CFR 1.53(b) of an application accorded status under pre-AIA 37 CFR 1.47, if a copy of a declaration…
Read MoreCan a Pre-AIA 37 CFR 1.47 application be converted to a regular application?
Yes, a Pre-AIA 37 CFR 1.47 application can be converted to a regular application if the previously non-signing inventor later submits an executed oath or declaration. The MPEP 409.03(j) states: ‘If a 37 CFR 1.47 applicant submits an executed oath or declaration of the nonsigning inventor, the executed oath or declaration should be accepted by…
Read MoreCan the deadline for submitting corrected drawings be extended in response to a notice of allowability?
No, extensions of time are not permitted for submitting corrected drawings in response to a notice of allowability. The MPEP clearly states: Extensions of time to provide acceptable drawings in response to a notice of allowability are not permitted. This strict policy ensures that the patent granting process is not unnecessarily delayed and encourages applicants…
Read MoreCan a delayed priority claim be filed after a patent has been granted?
Yes, a delayed priority claim can be filed after a patent has been granted. The MPEP provides for this possibility: “Where a priority claim under 37 CFR 1.55(g) was not timely made, 37 CFR 1.55(g) allows the priority claim and the certified copy required under 37 CFR 1.55 to be filed pursuant to a petition…
Read MoreWhat additional requirements are there for delayed priority claims filed more than two years after the due date?
For delayed priority claims filed more than two years after the due date, additional explanation is required. The MPEP states: “A person filing a petition to accept a delayed priority claim more than two years after the date the foreign priority claim was due is required to provide additional explanation of the circumstances surrounding the…
Read MoreHow are delayed priority claims handled in design applications?
The handling of delayed priority claims in design applications has evolved. The MPEP provides the following information: “Before May 13, 2015, no procedures were established for accepting an unintentionally delayed priority claim in a design application. Effective May 13, 2015, 37 CFR 1.55(e) provides for the filing of a petition for acceptance of an unintentionally…
Read MoreHow does the USPTO handle foreign language provisional applications in the screening process?
The USPTO has specific procedures for handling foreign language provisional applications during the screening process. According to the MPEP: Provisional applications filed in a foreign language are also screened under these provisions. The Office will make an attempt to determine the subject matter of the application, but the applicant may be required to provide at…
Read MoreCan a patent application under secrecy order be appealed?
Can a patent application under secrecy order be appealed? Yes, patent applications under secrecy orders can be appealed, but with certain restrictions. MPEP 120 states: ‘Appeals to the Patent Trial and Appeal Board and petitions to the Director under 37 CFR 1.181 are available to the applicant in secrecy order cases, but those actions will…
Read MoreHow does a substitute application affect the filing date of a patent application?
A substitute application has a significant impact on the filing date of a patent application. According to MPEP 201.02: A substitute application does not obtain the benefit of the filing date of the prior application. This means that if an applicant files a substitute application, it will receive a new filing date based on when…
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