What is a divisional application in patent law?
A divisional application is a type of patent application that claims subject matter that is independent and distinct from that claimed in a prior application. It typically arises when an original application contains multiple inventions, and the Patent Office requires the applicant to restrict the claims to a single invention. According to MPEP ¶ 2.01,…
Read MoreCan I convert my provisional application to a nonprovisional application?
Can I convert my provisional application to a nonprovisional application? Yes, you can, but you do not want to. It is best practice to file a new application and claim priority. A “conversion” will cost you patent term. When we talk about “conversion,” the MPEP means to change an application, typically a provisional, to a…
Read MoreWhat happens if I file a provisional application without meeting all the requirements?
What happens if I file a provisional application without meeting all the requirements? If you file a provisional application that doesn’t meet all the requirements, it may not be granted the filing date you intended. The MPEP states: If a provisional application does not contain a cover sheet identifying it as a provisional application, it…
Read MoreWhat is the difference between a national application, provisional application, and nonprovisional application?
The terms ‘national application,’ ‘provisional application,’ and ‘nonprovisional application’ are defined in 37 CFR 1.9(a). Specifically: A national application refers to a U.S. patent application that is not an international application. A provisional application is a type of patent application that allows filing without a formal patent claim or any information disclosure statement. A nonprovisional…
Read MoreHow does MPEP 201.01 define a national application?
MPEP 201.01 provides a clear definition of a national application in the context of U.S. patent law. According to MPEP 201.01: ‘A national application is one that was filed in the United States Patent and Trademark Office (USPTO) under 35 U.S.C. 111(a), an application which entered the national stage from an international application after compliance…
Read MoreWhat is the difference between a national application and an international application?
A national application is filed directly with the United States Patent and Trademark Office (USPTO) under U.S. patent laws, while an international application is filed under the Patent Cooperation Treaty (PCT). According to MPEP 201.01: ‘National applications include original (nonprovisional), reissue, design, plant, and provisional applications.’ These applications are processed solely within the U.S. patent…
Read MoreWhat is a continuation-in-part (CIP) application in patent law?
A continuation-in-part (CIP) application is a type of patent application that builds upon a previously filed application by including new matter not disclosed in the original application. Key points about CIP applications include: They are filed while the parent application is still pending. They contain a portion or all of the disclosure of the parent…
Read MoreAre there any exceptions to the foreign filing license requirement?
Yes, there are certain exceptions to the foreign filing license requirement. According to MPEP 140: ‘A license is not required if the invention was not made in the United States. Also, a license is not required to file an international application in the United States Receiving Office.’ Additionally, the following situations do not require a…
Read MoreHow do I apply for a retroactive foreign filing license?
If you’ve inadvertently filed a foreign patent application without obtaining a foreign filing license, you can apply for a retroactive license. According to MPEP 140: ‘Petitions for a retroactive license under 35 U.S.C. 184 are decided by the Office of Petitions. The petition must be in the form of a verified statement and should include…
Read MoreHow do Secrecy Orders affect foreign filing licenses?
Secrecy Orders have significant impacts on foreign filing licenses: A Secrecy Order prevents the granting of a foreign filing license. It overrides the 6-month rule, prohibiting foreign filing even after 6 months. Applications under a Secrecy Order cannot be exported or filed in foreign countries. Violating a Secrecy Order can result in abandonment of the…
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