How is the title of the invention determined for a U.S. national stage application?
The title of the invention for a U.S. national stage application is determined as follows: If there’s no application data sheet (ADS) or preliminary amendment changing the title, the USPTO will use: The title from the first page of the description in the published international application (if published in English under PCT Article 21), or…
Read MoreHow is the title of the invention determined for a national stage application?
The title of the invention for a national stage application is determined based on several factors. According to the MPEP, “In the absence of an application data sheet (37 CFR 1.76) or preliminary amendment changing the title, the Office will use the title of the invention that appears on the first page of the description…
Read MoreWhat is the role of a preliminary amendment in a reissue application?
What is the role of a preliminary amendment in a reissue application? A preliminary amendment plays a significant role in reissue applications. According to MPEP 1440: “A preliminary amendment may be filed with the reissue application to amend the claims and/or specification. Where a preliminary amendment is filed with the reissue application, it must comply…
Read MoreWhat effect does a preliminary amendment have on fees in a PCT national stage application?
A preliminary amendment filed with the initial national stage submission can affect the fees due for a PCT national stage application. MPEP 1893.01(c) states: “A preliminary amendment accompanying the initial national stage submission under 35 U.S.C. 371 that is effective to cancel claims and/or eliminate multiple dependent claims will be effective to reduce the number…
Read MoreHow is the title of the invention determined for a PCT national phase application?
The title of the invention for a PCT national phase application is determined as follows: If an application data sheet (ADS) or preliminary amendment changing the title is not provided, the USPTO will use the title that appears on the first page of the description of: The published international application (if published in English under…
Read MoreCan the title of a PCT national phase application be changed after filing?
Yes, the title of a PCT national phase application can be changed after filing. There are two primary methods to change the title: Application Data Sheet (ADS): Applicants can submit an ADS with a new title. Preliminary Amendment: A preliminary amendment can be filed to change the title. The MPEP states: If applicant furnishes an…
Read MoreWhat happens if both an application data sheet and a preliminary amendment are submitted for a PCT national phase application?
When both an application data sheet (ADS) and a preliminary amendment are submitted for a PCT national phase application, the following rules apply: If the ADS and preliminary amendment are filed at different times, the later filed document will govern. As stated in the MPEP: If applicant submits both an application data sheet and a…
Read MoreWhat should applicants do if their pre-July 1, 2009 Article 19 Amendments were not entered correctly?
If an applicant’s pre-July 1, 2009 Article 19 Amendments were not entered correctly in the U.S. national stage application, the USPTO recommends submitting a preliminary amendment. According to MPEP 1893.01(a)(2): “In such situations, applicants are encouraged to submit a preliminary amendment in accordance with 37 CFR 1.121 to obtain entry of the desired changes.” This…
Read MoreHow should a preliminary amendment be formatted?
A preliminary amendment must comply with the formatting requirements set forth in 37 CFR 1.121. The MPEP states, Any preliminary amendment, regardless of when it is filed, must comply with 37 CFR 1.121, e.g., the preliminary amendment must include a complete listing of all of the claims and each section of the amendment must begin…
Read MoreCan a preliminary amendment be disapproved by the USPTO?
Yes, a preliminary amendment can be disapproved by the USPTO under certain circumstances. According to 37 CFR 1.115(b), A preliminary amendment may be disapproved if the preliminary amendment unduly interferes with the preparation of a first Office action in an application. The MPEP further explains that factors considered for disapproval include: The state of preparation…
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