What is the process for submitting a benefit claim under 35 U.S.C. 120 to overcome a pre-AIA 35 U.S.C. 102(b) rejection?
To submit a benefit claim under 35 U.S.C. 120 to overcome a pre-AIA 35 U.S.C. 102(b) rejection, you must: File a corrected application data sheet (ADS) or amend the specification, depending on the application filing date: For applications filed on or after September 16, 2012: File a corrected ADS under 37 CFR 1.76 with a…
Read MoreWhat are the key differences in filing benefit claims for applications before and after September 16, 2012?
The process for filing benefit claims differs for applications filed before and after September 16, 2012. Key differences include: For applications filed on or after September 16, 2012: File a corrected application data sheet (ADS) under 37 CFR 1.76 The ADS must contain a specific reference to a prior application Must satisfy enablement and written…
Read MoreHow should information about the deposit be added to the patent specification?
Information about the deposit must be added to the patent specification through a specific amendment process. The MPEP 2411.03 provides guidance: “Once the deposit has been made, information regarding the deposit, such as the name and address of the depository, the accession number and the date of the deposit, that is to be added to…
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