How can applicants claim benefit of earlier filing dates in international design applications?
Applicants can claim the benefit of earlier filing dates in international design applications designating the United States under certain conditions: Claims can be made under 35 U.S.C. 386(c) to prior nonprovisional applications, international applications (PCT) designating the US, or international design applications designating the US. The international design application must be entitled to a filing…
Read MoreCan claim scope be enlarged during ex parte reexamination?
No, the scope of a claim cannot be enlarged during ex parte reexamination. This is one of the basic characteristics of ex parte reexamination as stated in MPEP 2209: “(G) The scope of a claim cannot be enlarged by amendment;“ This limitation ensures that patent owners cannot use the reexamination process to broaden their patent…
Read MoreWhat are the claim requirements for international design applications designating the United States?
For international design applications designating the United States, there are specific claim requirements: 1. The application must contain a claim. 2. The claim must use specific wording in formal terms. As stated in the MPEP, “Pursuant to Article 5(2)(a) and Rule 11(3), the United States declared that an international design application designating the United States…
Read MoreHow does the United States handle changes in ownership for international design registrations?
The United States has specific requirements for handling changes in ownership for international design registrations: 1. Changes in ownership recorded by the International Bureau must also be recorded with the USPTO. 2. Documentation supporting the change in ownership must be submitted to the USPTO. As stated in the MPEP, “Pursuant to Article 16(2), the United…
Read MoreAre certified copies of priority documents required for international design applications at the USPTO?
For international design applications, certified copies of priority documents are generally not required to be submitted to the USPTO. The key points are: Applicants do not need to submit certified copies of priority documents to the USPTO for international design applications. The USPTO relies on the priority claim information provided through WIPO. However, the USPTO…
Read MoreWhat is a Certificate of Extension of Patent Term?
A Certificate of Extension of Patent Term is an official document issued by the Director of the USPTO to extend the term of a patent that has been determined eligible for extension under 35 U.S.C. 156. According to MPEP 2759, “Such certificate shall be recorded in the official file of the patent and shall be…
Read MoreCan a patent owner file an ex parte reexamination request?
Yes, a patent owner can file an ex parte reexamination request. The MPEP 2210 states: “If a request filed by the patent owner includes a proposed amendment in accordance with 37 CFR 1.530, excess claims fees under 37 CFR 1.20(c)(3) and (c)(4) may also apply.” This provision allows patent owners to proactively address potential patentability…
Read MoreCan inventors disclose information directly to the USPTO?
Yes, inventors can disclose information directly to the United States Patent and Trademark Office (USPTO), especially if they are representing themselves (pro se inventors). The MPEP 2002.01 clearly states: “37 CFR 1.56(d) makes clear that information may be disclosed to the Office through an attorney or agent of record or through a pro se inventor”…
Read MoreCan an assignee revoke a previous power of attorney in a patent case?
Yes, an assignee can revoke a previous power of attorney in a patent case. According to MPEP 2560, “the assignee may revoke a previous power of attorney.” This means that when the ownership of a patent or patent application is transferred, the new owner (assignee) has the authority to revoke any existing power of attorney…
Read MoreHow are broken lines and coloring used in international design applications?
In international design applications, broken lines and coloring can be used to indicate matter shown in a reproduction for which protection is not sought. According to MPEP 2920.04(b): “In addition to the use of broken or dotted lines to indicate matter shown in a reproduction for which protection is not sought, Administrative Instruction 403 permits…
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