What happens if a CPA request is improper for a utility or plant application?
If a Continued Prosecution Application (CPA) request is improper for a utility or plant application, the USPTO handles it differently than for design applications. According to MPEP ¶ 2.35: If the request for a CPA in a utility or plant application is improper and the CPA has been treated as an RCE, do not use…
Read MoreWhat is the status of a new nonprovisional patent application?
A “new” nonprovisional patent application is one that has not yet received an action by the examiner. Its status as a “new” application continues until the examiner takes action, even if the applicant files an amendment prior to the first Office Action. A request for continued examination (RCE) under 37 CFR 1.114 is not considered…
Read MoreWhat is considered a ‘new’ application according to the MPEP?
According to MPEP 203.01, a ‘new’ application is defined as: A ‘new’ application is a nonprovisional application that has not yet received an action by the examiner. An amendment filed prior to the first Office Action does not alter the status of a ‘new’ application. It’s important to note that a request for continued examination…
Read MoreCan drawing corrections be made after the application has been allowed?
Yes, drawing corrections can be made after the application has been allowed. However, such corrections must be approved by the examiner before the application can be processed for issue. If extensive corrections are required, the examiner may require that the corrections be filed with a Request for Continued Examination (RCE) under 37 CFR 1.114.
Read MoreWhat happens if a Continued Prosecution Application (CPA) is filed after the issue fee has been paid?
If a Continued Prosecution Application (CPA) is filed after the issue fee has been paid, it will not be treated as a CPA. Instead, it will be processed as follows: For applications filed on or after May 29, 2000, the CPA will be treated as a request for continued examination (RCE) under 37 CFR 1.114.…
Read MoreWhat happens if a CPA is filed in a utility or plant application after July 14, 2003?
If a Continued Prosecution Application (CPA) is filed in a utility or plant application after July 14, 2003, it will not be treated as a proper CPA. According to MPEP 201.06(d): ‘Any CPA filed on or after July 14, 2003 in a utility or plant application will automatically be treated as a request for continued…
Read MoreHow are continuation or divisional applications filed under former 37 CFR 1.62 treated after its deletion?
The treatment of continuation or divisional applications filed under former 37 CFR 1.62 depends on the filing date of the original application: For applications filed on or after June 8, 1995: “A request for a continuation or divisional application filed under former 37 CFR 1.62 on or after December 1, 1997, in an application that…
Read MoreIs a Request for Continued Examination (RCE) considered a new application?
No, a Request for Continued Examination (RCE) is not considered a new application. The MPEP 203.01 clarifies this point: Note that a request for continued examination (RCE)(see 37 CFR 1.114) is not a type of new application filing. An RCE is a way to continue prosecution of an existing application after a final rejection, rather…
Read MoreWhat is required to add a benefit claim after the initial filing of a patent application?
Adding a benefit claim after the time period required by 37 CFR 1.78 requires a petition and the petition fee. As stated in MPEP § 211.04: Any petition under 37 CFR 1.78 must be accompanied by a corrected ADS in compliance with 37 CFR 1.76(c) (for applications filed on or after September 16, 2012), or…
Read MoreHow are continuation or divisional applications filed under former 37 CFR 1.62 treated now?
The treatment of continuation or divisional applications filed under former 37 CFR 1.62 depends on the filing date of the original application: For applications filed on or after June 8, 1995: Requests filed on or after December 1, 1997, are treated as requests for continued examination (RCE) under 37 CFR 1.114. For applications filed before…
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