What is the significance of 35 U.S.C. 111(a) and (b) in national patent applications?

35 U.S.C. 111(a) and (b) are important sections of the patent law that define two different types of national patent applications. According to MPEP 201.01: ‘National applications may be filed under 35 U.S.C. 111(a) or (b), 161, or 171.’ To elaborate: 35 U.S.C. 111(a) refers to nonprovisional applications. These are full patent applications that can…

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Can a provisional application be published or made public?

No, provisional applications are not published or made public by the USPTO. According to MPEP 201.04: A provisional application is not subject to publication and is not published. This confidentiality can be advantageous for inventors who want to secure a filing date while keeping their invention details private. However, it’s important to note that while…

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What is required for a petition to restore the benefit of a provisional application?

A petition to restore the benefit of a provisional application under 37 CFR 1.78(b) must include several elements. According to MPEP 211.01(a): ‘A petition under 37 CFR 1.78(b) requires: (A) the reference required by 35 U.S.C. 119(e) and 37 CFR 1.78 to the prior-filed provisional application, which must be included in application data sheet (unless…

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What happens if the required translation or statement is missing for a non-English provisional application?

If the required translation or statement is missing for a non-English provisional application, the following consequences apply: The USPTO will issue a notice stating that the required documents are missing. The applicant must supply the missing translation and/or statement in the provisional application. The applicant must provide confirmation in the present application that the translation…

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Can I file the English translation and accuracy statement in the nonprovisional application instead of the provisional application?

Generally, the English translation and accuracy statement for a non-English provisional application must be filed in the provisional application itself, not in the nonprovisional application. However, there is an exception: As noted in the MPEP, Do not use this form paragraph if a translation of the provisional application and a statement that the translation was…

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How do I claim benefit to a non-English language provisional application?

To claim benefit to a non-English language provisional application, you must: File an English translation of the non-English language provisional application Provide a statement that the translation is accurate File both the translation and the statement in the provisional application Confirm in the present application that the translation and statement were filed in the provisional…

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Where should I file the English translation of a non-English provisional application?

The English translation of a non-English provisional application must be filed in the provisional application itself, not in the non-provisional application claiming benefit. According to MPEP ¶ 2.38: “An English translation of the non-English language provisional application and a statement that the translation is accurate must be filed in provisional application No.[3].” Additionally, you must…

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