What is the specific reference requirement for a CPA under 35 U.S.C. 120?
For a Continued Prosecution Application (CPA), the specific reference requirement under 35 U.S.C. 120 is satisfied by the CPA request itself. According to MPEP § 201.06(d): “As set forth in 37 CFR 1.53(d)(7), a request for a CPA is the specific reference required by 35 U.S.C. 120 to every application assigned the application number identified…
Read MoreHow do I properly claim the benefit of a prior application?
To properly claim the benefit of a prior application, you must include a specific reference to the prior application. For applications filed on or after September 16, 2012, this reference must be included in an application data sheet (ADS). For applications filed before September 16, 2012, the reference must be in an ADS and/or in…
Read MoreHow do I claim the benefit of a prior-filed application?
To claim the benefit of a prior-filed application, you must include a specific reference to the prior-filed application in your current application. The method of including this reference depends on when your application was filed: For applications filed before September 16, 2012: Include the reference in the first sentence(s) of the specification following the title…
Read MoreWhat is the purpose of MPEP ¶ 2.15?
MPEP ¶ 2.15 provides guidance on how to properly claim the benefit of a prior-filed application under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c). It outlines the requirements for including a specific reference to the prior-filed application and the timeframes within which this reference must be submitted. The paragraph states: If applicant desires to…
Read MoreWhen must the specific reference to a prior-filed application be submitted?
The timing for submitting a specific reference to a prior-filed application depends on the type of application: For utility or plant applications filed under 35 U.S.C. 111(a): The specific reference must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or…
Read MoreHow should the specific reference to a prior-filed application be made?
The method for making a specific reference to a prior-filed application depends on when the application was filed: For applications filed before September 16, 2012: The specific reference must be included in the first sentence(s) of the specification following the title or in an application data sheet (ADS) in compliance with pre-AIA 37 CFR 1.76.…
Read MoreHow has the requirement for specific reference to prior applications changed?
The requirement for specific reference to prior applications has undergone changes due to recent legislation: For applications filed before September 16, 2012: The specific reference to the prior application must be in the first sentence(s) of the specification or in an application data sheet. For applications filed on or after September 16, 2012: The specific…
Read MoreWhat is the specific reference required by 35 U.S.C. 120 for a CPA?
For a Continued Prosecution Application (CPA), the specific reference required by 35 U.S.C. 120 is the CPA request itself. This is explicitly stated in 37 CFR 1.53(d)(7). According to MPEP ¶ 2.34: “As set forth in 37 CFR 1.53(d)(7), a request for a CPA is the specific reference required by 35 U.S.C. 120 to every…
Read MoreWhat time periods apply for submitting a specific reference to a prior-filed application to claim benefit under 35 U.S.C. 120 or 119(e)?
The reference to the prior-filed application to claim benefit under 35 U.S.C. 120 or 119(e) must be submitted within the following time periods under 37 CFR 1.78: For an application filed under 35 U.S.C. 111(a), the later of four months from the filing date or sixteen months from the filing date of the prior-filed application…
Read MoreWhat are the requirements for a later-filed application to claim the benefit of an earlier filing date under 35 U.S.C. 120 and 119(e)?
To claim the benefit of an earlier filing date under 35 U.S.C. 120 and 119(e), a later-filed application must meet several requirements: The prior-filed application must name the inventor or at least one joint inventor named in the later-filed application and must be entitled to a filing date The prior-filed application must meet disclosure requirements…
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