What are the requirements for filing a second or subsequent protest?
Filing a second or subsequent protest requires meeting specific conditions as outlined in MPEP 1901.07(a). According to the manual, “37 CFR 1.291(c)(5) requires that a second or subsequent protest by the same real party in interest include: (A) an explanation as to why the issue(s) raised in the second or subsequent protest are significantly different…
Read MoreCan the issue fee be refunded?
The issue fee can be refunded under certain circumstances: If an application is withdrawn from issue, a refund of the issue fee may be requested. Refunds are subject to a $50 processing fee. The request for refund must be filed within two years from the date of payment of the issue fee. MPEP 1306 states:…
Read MoreWhat is the process for requesting republication of a patent application?
To request republication of a patent application, an applicant must follow these steps: Submit a copy of the application that complies with the USPTO patent electronic filing system requirements Pay the publication fee set forth in 37 CFR 1.18(d) Pay the processing fee set forth in 37 CFR 1.17(i) As stated in the MPEP: “If…
Read MoreWhat happens if I fail to file a priority claim during the pendency of my application?
What happens if I fail to file a priority claim during the pendency of my application? If you fail to file a priority claim during the pendency of your application, you may lose the right to claim priority. According to MPEP 213.04: If the claim for priority or the certified copy of the foreign application…
Read MoreHow can I correct inventorship in a nonprovisional patent application?
To correct inventorship in a nonprovisional patent application, you need to submit a request under 37 CFR 1.48(a). The request should include: A signed application data sheet (ADS) with the correct inventorship information The processing fee set forth in 37 CFR 1.17(i) As stated in the MPEP, The application data sheet submitted with a request…
Read MoreWhat is required for correcting inventorship in a provisional application?
To correct inventorship in a provisional application, you must follow the procedure outlined in 37 CFR 1.48(d). The requirements include: A request signed by a party set forth in 37 CFR 1.33(b) to correct the inventorship, identifying each inventor by their legal name The processing fee set forth in 37 CFR 1.17(q) The MPEP advises,…
Read MoreWhat are the requirements for correcting inventorship in a nonprovisional patent application filed on or after September 16, 2012?
To correct inventorship in a nonprovisional patent application filed on or after September 16, 2012, the following requirements must be met: Submit a request to correct or change the inventorship Include a signed application data sheet (ADS) that: Identifies each inventor by their legal name Provides the residence and mailing address of each inventor Shows…
Read MoreHow is inventorship corrected in a provisional patent application?
To correct inventorship in a provisional patent application, the following steps must be taken: Submit a request signed by a party set forth in 37 CFR 1.33(b) Identify each inventor by their legal name in the request Pay the processing fee set forth in 37 CFR 1.17(q) When adding an inventor, file a corrected application…
Read MoreWhat is the process for correcting inventorship in a provisional patent application?
The process for correcting inventorship in a provisional patent application is outlined in 37 CFR 1.48(d). To correct inventorship in a provisional application, the following must be submitted: A request to correct the inventorship that identifies each inventor by their legal name. This request must be signed by a party set forth in 37 CFR…
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