When is a priority showing required in patent applications?
A priority showing is required in the following circumstances: When complying with 37 CFR 41.202(a)(2) to suggest an interference To overcome a rejection based on pre-AIA 35 U.S.C. 102(a) or 102(e) when an affidavit is not permitted under 37 CFR 1.131(a)(1) When the examiner requires it due to the application’s earliest constructive reduction-to-practice being later…
Read MoreHow does a priority showing differ from a priority statement in interference proceedings?
A priority showing under 37 CFR 41.202(d)(1) is distinct from a priority statement under 37 CFR 41.204(a) in interference proceedings. The MPEP clarifies: “A priority showing under 37 CFR 41.202(d)(1), which is presented during examination, is not the same as a priority statement under 37 CFR 41.204(a), which is filed during an interference. A priority…
Read MoreHow does a priority showing differ from a 37 CFR 1.131 affidavit?
A priority showing under 37 CFR 41.202(d) differs from a 37 CFR 1.131 affidavit in several key aspects: A 37 CFR 1.131 affidavit is typically used to overcome rejections under pre-AIA 35 U.S.C. 102(a) or 102(e). A priority showing is required when the reference has claims directed to the same patentable invention as the application…
Read MoreWhat is a priority showing in patent interference proceedings?
A priority showing is a requirement under 37 CFR 41.202(d)(1) when an applicant’s earliest constructive reduction to practice is later than that of a patent or published application claiming interfering subject matter. The MPEP states: “Whenever the application has an earliest constructive reduction-to-practice that is later than the earliest constructive reduction-to-practice of a published application…
Read MoreWhat are the consequences of an inadequate priority showing?
An inadequate priority showing can have serious consequences for the applicant in an interference proceeding. The MPEP warns: “The consequence of an inadequate showing may be serious for the applicant. If an interference is declared and the Board finds the priority showing insufficient (thereby issuing an order to show cause why judgment should not be…
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