How can I establish priority to an earlier filing date to overcome a pre-AIA 35 U.S.C. 102(e) rejection?
To establish priority to an earlier filing date and overcome a pre-AIA 35 U.S.C. 102(e) rejection, you can take the following steps: For foreign priority under 35 U.S.C. 119(a)-(d): File a claim to priority within the time period set in 37 CFR 1.55. For applications filed on or after September 16, 2012, file a corrected…
Read MoreWhat is the “effectively filed” date for subject matter in a U.S. patent document?
The “effectively filed” date for subject matter in a U.S. patent document is crucial for determining its prior art status. According to MPEP 2154.01(b): The “effectively filed” date of a subject matter described in a U.S. patent document … is the earlier of: (1) The actual filing date of the patent or the application for…
Read MoreHow does claiming benefit to a provisional application affect the effective filing date?
Claiming benefit to a provisional application can affect the effective filing date of a claimed invention as follows: If the application properly claims benefit under 35 U.S.C. 119(e) to a provisional application, the effective filing date of a claimed invention is the filing date of the provisional application for any claims which are fully supported…
Read MoreHow does claiming foreign priority affect the effective filing date under the AIA?
Claiming foreign priority can affect the effective filing date of a claimed invention under the AIA as follows: If the application properly claims foreign priority under 35 U.S.C. 119(a)-(d), 365(a) or (b), or 386(a) or (b), the effective filing date of a claimed invention is the filing date of the foreign priority document if the…
Read MoreHow is the effective filing date determined for continuation-in-part (CIP) applications?
The effective filing date for claims in a continuation-in-part (CIP) application is determined based on the support provided in the parent application: If the application is a continuation-in-part of an earlier U.S. application or international application, any claims in the new application not supported by the specification and claims of the parent application have an…
Read MoreHow is the effective filing date determined for continuation and divisional applications?
For continuation and divisional applications, the effective filing date is determined as follows: If the application is a continuation or divisional of one or more earlier U.S. applications or international applications and if the requirements of 35 U.S.C. 120, 365(c), or 386(c) have been satisfied, the effective filing date of a claimed invention is the…
Read MoreHow is the effective filing date determined for continuation applications?
For continuation applications, the effective filing date is generally determined based on the earliest application in the chain that supports the claimed invention. The MPEP 2152.01 provides guidance on this: “In the case of a continuation application, continuation-in-part application, or divisional application claiming the benefit of a prior-filed nonprovisional application under 35 U.S.C. 120, 121,…
Read MoreWhat is the effective filing date of a claimed invention under the AIA?
Under the America Invents Act (AIA), the effective filing date of a claimed invention is defined in 35 U.S.C. 100(i)(1) as the earliest of: The actual filing date of the patent or the application containing the claimed invention; or The filing date of the earliest application for which the patent or application is entitled to…
Read MoreWhat is the effective filing date under AIA 35 U.S.C. 102(d)?
Under AIA 35 U.S.C. 102(d), a U.S. patent document is considered prior art as of either: Its actual filing date (AIA 35 U.S.C. 102(d)(1)), or The filing date of a prior application to which there is a priority or benefit claim (AIA 35 U.S.C. 102(d)(2)) The MPEP states: “AIA 35 U.S.C. 102(d) provides that a…
Read MoreHow do continuing applications affect patent term?
For continuing applications (continuations, divisionals, or continuations-in-part) filed on or after June 8, 1995, the patent term ends 20 years from the filing date of the earliest application to which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c). This is true even if the earlier application was filed before June 8, 1995.…
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