How does the suppression and concealment doctrine affect inventorship in patent law?
The suppression and concealment doctrine can significantly impact inventorship in patent law. According to the MPEP: “The result of applying the suppression and concealment doctrine is that the inventor who did not conceal (but was the de facto last inventor) is treated legally as the first to invent, while the de facto first inventor who…
Read MoreWhat is the restoration of the right of priority in international patent applications?
The restoration of the right of priority is a provision in the Patent Cooperation Treaty (PCT) that allows applicants to request the restoration of priority rights for international patent applications filed after the expiration of the 12-month priority period but within two months of that expiration. According to MPEP 1828.01, “If the international application has…
Read MoreHow does the USPTO determine if a country is eligible for priority right benefits?
How does the USPTO determine if a country is eligible for priority right benefits? The USPTO determines a country’s eligibility for priority right benefits based on specific criteria. As stated in MPEP 213.01: The United States will recognize claims for right of priority under 35 U.S.C. 119(a)-(d) based on applications filed in countries which have…
Read MoreWhat are the consequences of providing incorrect information in an ADS?
What are the consequences of providing incorrect information in an ADS? Providing incorrect information in an Application Data Sheet (ADS) can have serious consequences for your patent application. The MPEP 601.05 emphasizes the importance of accuracy: “Applicants should check the contents of the application data sheet carefully to ensure that all information is correct.” Potential…
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