What are the requirements for claiming priority in a design patent application?

Claiming priority in a design patent application involves meeting specific requirements. MPEP 1504.10 outlines these requirements: “In addition to the filing of the claim for priority, 35 U.S.C. 119(b) requires a certified copy of the foreign application. The priority claim and certified copy must be filed in the United States Patent and Trademark Office before…

Read More

Do I need to submit a new certified copy of the foreign application when filing a reissue application?

No, you do not need to submit a new certified copy of the foreign application when filing a reissue application, provided that the certified copy was submitted in the original patent application. According to MPEP 1417: “No additional certified copy of the foreign application is necessary.” The section further refers to MPEP § 215 for…

Read More

How does adding or deleting a benefit or priority claim affect the publication date of a patent application?

Adding or deleting a benefit or priority claim can potentially affect the publication date of a patent application. According to MPEP 1127: “If applicant timely adds or deletes a benefit or priority claim and the Office recognizes the correction and changes the projected publication date before the technical preparations of the application have begun, the…

Read More

Can a Certificate of Correction be used to add a priority claim that was omitted from the original patent application?

Yes, a Certificate of Correction can be used to add a priority claim that was omitted from the original patent application, under certain conditions. The MPEP 1481 states: “The types of mistakes for which a certificate of correction of applicant’s mistake may be issued include the situation where ‘through error and without deceptive intention’ the…

Read More