What types of prior applications can be used for claiming priority in an international design application designating the United States?
An international design application designating the United States can claim priority based on several types of prior applications. According to MPEP 213.07: Pursuant to 35 U.S.C. 386(b) and 37 CFR 1.55, an international design application designating the United States may make a claim of foreign priority in accordance with the conditions and requirements of 35…
Read MoreWhat information appears on the front page of a patent issuing from a continued prosecution application (CPA)?
The front page of a patent issuing from a continued prosecution application (CPA) filed under 37 CFR 1.53(d) contains specific information about prior applications. As stated in the MPEP: The front page of a printed patent issuing on a continued prosecution application (CPA) filed under37 CFR 1.53(d)will identify the application number and filing date of…
Read MoreHow has the requirement for specific reference to prior applications changed?
The requirement for specific reference to prior applications has undergone changes due to recent legislation: For applications filed before September 16, 2012: The specific reference to the prior application must be in the first sentence(s) of the specification or in an application data sheet. For applications filed on or after September 16, 2012: The specific…
Read MoreHow can an applicant rely on an affidavit or declaration from a prior application?
To rely on an affidavit or declaration from a prior application, an applicant must take specific steps. According to MPEP ¶ 2.03: “Where it is desired to rely on an earlier-filed affidavit or declaration, the applicant should make the remarks of record in this application and include a copy of the original affidavit or declaration…
Read MoreHow are affidavits or declarations from prior applications handled in new patent applications?
Affidavits or declarations filed in a prior application do not automatically become part of a new application. As stated in MPEP ¶ 2.03: “Affidavits or declarations, such as those submitted under 37 CFR 1.130, 1.131 and 1.132, filed during the prosecution of the prior application do not automatically become a part of this application.” To…
Read MoreHow can an applicant ensure that affidavits from a prior application are considered in a new application?
To ensure that affidavits or declarations from a prior application are considered in a new application, an applicant must take specific steps. According to MPEP ¶ 2.03: “Where it is desired to rely on an earlier-filed affidavit or declaration, the applicant should make the remarks of record in this application and include a copy of…
Read MoreDoes the inclusion of prior application information on a patent indicate the claims are entitled to the earlier filing date?
No, the inclusion of prior application information in the patent does not necessarily indicate that the claims are entitled to the benefit of the earlier filing date. See MPEP 2136.03 and MPEP 2154.01(b) for additional information.
Read MoreWhat information is included on the front page of a printed patent regarding prior applications?
The front page of a printed patent identifies all prior applications for which benefits are claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in continuation-in-part, continuation, divisional, and reissue applications.
Read MoreWhat should an examiner check on the bib-data sheet regarding prior applications?
An examiner should check the following on the bib-data sheet regarding prior applications: Accuracy of prior application data, including provisional application data Whether the application is copending with prior nonprovisional applications for which benefit is claimed Correct application numbers of provisional applications for which benefit is claimed Proper listing of foreign applications qualifying for benefits…
Read MoreHow are continued prosecution applications (CPAs) handled on the front page of a patent?
For continued prosecution applications (CPAs) filed under 37 CFR 1.53(d), the front page of a printed patent will include: The application number and filing date of the most recent noncontinued prosecution application All prior applications from which benefit was claimed in the most recent noncontinued prosecution application Notably, the filing date of the CPA itself…
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