Can I convert my national application filed under 35 U.S.C. 371 to an application under 35 U.S.C. 111(a)?
Yes, it is possible to convert a national application filed under 35 U.S.C. 371 to an application filed under 35 U.S.C. 111(a), and vice versa. This process requires filing a petition under 37 CFR 1.182. According to MPEP 1002.02(p): “Petitions under 37 CFR 1.182 to convert a national application which was filed under 35 U.S.C.…
Read MoreWhat is the difference between appealable and petitionable matters in patent prosecution?
In patent prosecution, there is an important distinction between appealable and petitionable matters. MPEP 1201 states: “The line of demarcation between appealable matters for the Board and petitionable matters for the Director of the U.S. Patent and Trademark Office (Director) should be carefully observed.” Generally, appealable matters relate to the merits of the patent application…
Read MoreHow does the appeal process differ for rejections and objections in patent applications?
The appeal process for rejections and objections in patent applications follows different paths: Rejections: According to the MPEP, a rejection, involving the merits of the claim, is subject to review by the Patent Trial and Appeal Board. This means that if an applicant disagrees with a rejection, they can appeal to the Patent Trial and…
Read More