How does the Hague Agreement affect design patent priority claims?
The Hague Agreement Concerning the International Registration of Industrial Designs has expanded the options for claiming priority in design patent applications. According to MPEP 1504.10: “For design applications filed on or after May 13, 2015, a claim for priority may be made pursuant 35 U.S.C. 386(a) to an international design application filed under the Geneva…
Read MoreWhich countries’ plant breeder’s rights applications can be used for U.S. plant patent priority?
U.S. plant patent applications can claim priority based on plant breeder’s rights applications filed in two categories of countries: WTO (World Trade Organization) member countries Foreign UPOV (International Union for the Protection of New Varieties of Plants) Contracting Parties This is specified in MPEP 1613, which states: “Pursuant to 35 U.S.C. 119(f), an application for…
Read MoreHow is the effective filing date determined for prior art purposes?
The effective filing date for prior art purposes is generally the earliest filing date to which the application is entitled. This can include provisional applications, foreign priority applications, and earlier-filed U.S. applications, provided they adequately support the claimed invention. The MPEP notes: In determining the pre-AIA 35 U.S.C. 102(e) date, consider benefit claims to earlier-filed…
Read MoreCan design patent applications claim priority to provisional applications?
No, design patent applications cannot claim priority to provisional applications. This is explicitly stated in MPEP 1504.10: “Design applications may not claim the benefit of a provisional application under 35 U.S.C. 119(e).“ This restriction is also supported by 35 U.S.C. 172, which states that “The right of priority provided for by section 119(e) shall not…
Read MoreWhat is the priority period for design patent applications under 35 U.S.C. 119(a)-(d)?
The priority period for design patent applications under 35 U.S.C. 119(a)-(d) is six months. This is specified in 35 U.S.C. 172, which states: “The right of priority provided for by subsections (a) through (d) of section 119 shall be six months in the case of designs.“ This means that to obtain the benefit of an…
Read MoreWhat are the consequences of not adding a claim to provoke an interference when required by an examiner?
When an examiner requires an applicant to add a claim to provoke an interference, there are specific consequences for not complying, as outlined in MPEP 710.02(c): “An examiner may require an applicant to add a claim to provoke an interference for an application subject to pre-AIA 35 U.S.C. 102(g). Failure to satisfy the requirement within…
Read MoreHow does the USPTO handle priority claims in national stage applications when the certified copy is already in the International Bureau’s priority document database?
When the certified copy of the priority document is already in the International Bureau’s priority document database, the USPTO handles priority claims in national stage applications as follows: The USPTO will attempt to retrieve the certified copy from the International Bureau’s priority document database. If successful, no further action is required from the applicant regarding…
Read MoreHow does the USPTO handle priority claims in international design applications?
The USPTO handles priority claims in international design applications as follows: Priority claims are made in the international design application before WIPO. The USPTO does not review or make any determination regarding the validity of such priority claims during national stage examination. Applicants are not required to submit certified copies of the priority documents to…
Read MoreWhat are the consequences of not submitting an Application Data Sheet (ADS) with a patent application?
While submitting an Application Data Sheet (ADS) is not mandatory for all applications, there can be consequences for not including one. According to MPEP 601.05(a): If an application is filed without an application data sheet, the applicant will not have the benefit of: The filing date of any provisional application; The filing date of any…
Read MoreWhat happens if there are inconsistencies between an ADS and other documents?
What happens if there are inconsistencies between an ADS and other documents? When inconsistencies exist between an Application Data Sheet (ADS) and other documents, the ADS generally takes precedence. According to MPEP 601.05: “If an ADS is inconsistent with the information provided in another document that was submitted at the same time or previous to…
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