How does a redacted publication affect provisional rights under 35 U.S.C. 154(d)?
A redacted publication can impact an applicant’s ability to claim provisional rights under 35 U.S.C. 154(d). According to MPEP 1132: “The provisions of section 154(d) shall not apply to a claim if the description of the invention published in the redacted application filed under this clause with respect to the claim does not enable a…
Read MoreHow does a previously submitted translation for provisional rights affect the translation requirement for national stage entry?
A previously submitted translation for provisional rights can satisfy the translation requirement for national stage entry under certain conditions. The MPEP states: “A translation of the international application as filed and identified as provided in 37 CFR 1.417 submitted for the purpose of obtaining provisional rights pursuant to 35 U.S.C. 154(d)(4) can be relied on…
Read MoreWhat constitutes a material mistake in a patent application publication?
A material mistake in a patent application publication is one that affects the public’s ability to understand the technical disclosure or determine the scope of provisional rights. The MPEP provides specific examples: Omission of claims included in the original specification Exclusion of part of the specification that supports published claims Failure to include originally filed…
Read MoreWhat happens if an international application designating the US is published in a language other than English?
What happens if an international application designating the US is published in a language other than English? If an international application designating the United States is published under PCT Article 21(2) in a language other than English, a translation of the international application into English must be provided. The MPEP 211.01(c) states: If the international…
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