What are divisional applications and how do they relate to restriction requirements?
Divisional applications are a type of patent application that arise from restriction requirements. When the USPTO requires an applicant to restrict their application to one invention, the other invention(s) can be pursued in a divisional application. According to 35 U.S.C. 121: “If the other invention is made the subject of a divisional application which complies…
Read MoreWhat happens if the basic national fee is not paid within 30 months from the priority date in a U.S. national stage application?
If the basic national fee is not paid within 30 months from the priority date in a U.S. national stage application, the consequences can be severe. According to MPEP 1893.03(b): “If the basic national fee is not paid within 30 months from the priority date, the application is abandoned.” This means that failure to pay…
Read MoreHow does express abandonment affect continuation applications?
How does express abandonment affect continuation applications? Express abandonment of a parent application can have significant implications for continuation applications. According to MPEP 711.01: ‘Applicants and their attorneys should be careful not to expressly abandon applications that are the parents of continuation applications where the parent application is to be abandoned in favor of the…
Read MoreWhat is the ‘effective filing date’ for a claimed invention?
The ‘effective filing date’ for a claimed invention is defined in 35 U.S.C. 100(i)(1) as follows: The term “effective filing date” for a claimed invention in a patent or application for patent means—(A) if subparagraph (B) does not apply, the actual filing date of the patent or the application for the patent containing a claim…
Read MoreHow is the 30-month period for national stage entry calculated?
The 30-month period for national stage entry is calculated from the priority date of the international application. The priority date is typically the filing date of the earliest application whose priority is claimed in the international application. MPEP 601.04 states: “For most applications, the 30-month time period for entry into the national stage expires on…
Read MoreCan a continuation-in-part (CIP) application claim benefit to a provisional application?
Can a continuation-in-part (CIP) application claim benefit to a provisional application? Yes, a continuation-in-part (CIP) application can claim benefit to a provisional application, but there are important considerations regarding the disclosure and priority dates. The MPEP provides guidance on this: “An applicant may claim the benefit of the filing date of a provisional application in…
Read MoreWhat are the consequences of failing to meet the disclosure requirements when claiming benefit of an earlier application?
Failing to meet the disclosure requirements when claiming benefit of an earlier application can have several consequences: Loss of earlier filing date for affected claims Potential invalidity of the patent if issued Exposure to prior art that would have been otherwise excluded Possible rejection under 35 U.S.C. 102 or 103 The MPEP 211.05 provides an…
Read MoreWhat happens if I fail to file a nonprovisional application within 12 months of my provisional application?
What happens if I fail to file a nonprovisional application within 12 months of my provisional application? If you fail to file a nonprovisional application within 12 months of your provisional application’s filing date, you will lose the benefit of the provisional application’s filing date. The MPEP states: “A provisional application expires 12 months after…
Read MoreWhat are the consequences of adding new matter to a patent application?
What are the consequences of adding new matter to a patent application? Adding new matter to a patent application can have serious consequences: Rejection or objection: The USPTO will issue a rejection or objection to the new matter. As stated in MPEP 608.04, ‘If new matter is added to the claims, the examiner should reject…
Read MoreWhat are the time limits for entering the national stage in the United States?
The time limits for entering the national stage in the United States are specified in MPEP 601.04: The time limit for entering the national stage in the United States of America is 30 months from the priority date. […] Pursuant to PCT Article 22(1), the 30-month time limit set forth in 35 U.S.C. 371(b) for…
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