Can I use a certificate of mailing for a Notice of Foreign Filing?
Yes, you can use a certificate of mailing or transmission under 37 CFR 1.8 for a Notice of Foreign Filing. This is explicitly stated in MPEP 1124. According to MPEP 1124: “Since the notice of foreign filing is required by the statute, the benefit of a certificate of mailing or transmission under 37 CFR 1.8…
Read MoreCan a patent examiner change the title of my invention?
Yes, a patent examiner can change the title of your invention if it’s not specific to the claimed invention. The MPEP § 1302.04(a) implies this by stating: “Where the title of the invention is not specific to the invention as claimed, see MPEP § 606.01.” This reference to MPEP § 606.01 indicates that examiners are…
Read MoreCan I still file a request for a Statutory Invention Registration (SIR)?
No, you can no longer file a request for a Statutory Invention Registration (SIR). MPEP 1101 clearly states: “Requests for a statutory invention registration filed on or after March 16, 2013 will not be treated as the provisions of pre-AIA 35 U.S.C. 157 were repealed on March 16, 2013, effective for any request filed on…
Read MoreHow does adding or deleting a benefit or priority claim affect the publication date of a patent application?
Adding or deleting a benefit or priority claim can potentially affect the publication date of a patent application. According to MPEP 1127: “If applicant timely adds or deletes a benefit or priority claim and the Office recognizes the correction and changes the projected publication date before the technical preparations of the application have begun, the…
Read MoreWhat are the basic requirements for entering the national stage in the United States?
To enter the national stage in the United States, an applicant must fulfill the following basic requirements within 30 months from the priority date: Pay the basic national fee (37 CFR 1.492(a)) Submit a copy of the international application (unless previously communicated by the International Bureau or originally filed in the USPTO) As stated in…
Read MoreHow can I associate a previously filed international application with my customer number?
To associate a previously filed international application with your customer number, you need to submit a request to the USPTO. The request must include the following information: Your customer number The international application number Your registration number (if applicable) Signature of the applicant or attorney of record You can use Form PTO-2248 for this purpose,…
Read MoreWhat are the requirements for Article 19 Amendments filed after July 1, 2009?
Article 19 Amendments filed after July 1, 2009 have specific requirements. According to MPEP 1893.01(a)(2), these amendments must include a complete claim set. This is in contrast to amendments filed before July 1, 2009, which did not have this requirement. The MPEP states: “Article 19 amendments filed before July 1, 2009 were not required to…
Read MoreHow are Article 19 Amendments processed in the U.S. national stage?
Article 19 Amendments are processed in the U.S. national stage as follows: The amendment is forwarded to the U.S. Designated Office by the International Bureau for inclusion in the U.S. national stage application. If the amendment is in English, it will replace the original English language claims of the international application. If the amendment is…
Read MoreWhat is the deadline for submitting Article 19 Amendments in the U.S. national stage?
The deadline for submitting Article 19 Amendments in the U.S. national stage is the date of commencement of the national stage. According to MPEP 1893.01(a)(2): “The Article 19 amendment(s) and the English translation of the amendment(s) must be received by the Office by the date of commencement of the national stage (see MPEP § 1893.01).…
Read MoreWhat is the significance of the ARS report in plant patent examinations?
The report provided by the Agricultural Research Service (ARS) plays an important advisory role in the examination of plant patent applications. According to MPEP 1609: “As the report is merely advisory to the Office, it is placed in the file but is not given a paper number. The copy of the report is customarily utilized…
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