How does the USPTO handle benefit claims in international design applications?

The USPTO handles benefit claims in international design applications according to specific procedures outlined in MPEP 2920.05(e): “Pursuant to 37 CFR 1.78(d)(2), the nonprovisional application must contain or be amended to contain a reference to the prior international design application, identifying it by international registration number (if assigned) or by application number and filing date…

Read More

How does the USPTO handle submissions from foreign courts?

The United States Patent and Trademark Office (USPTO) has specific guidelines for handling submissions from foreign courts. According to MPEP 2207: “It is to be further noted that 35 U.S.C. 290 is directed to ‘courts of the United States.’ Accordingly, any submission of papers from a court outside the United States (a foreign jurisdiction) will…

Read More

What information is included in the filing receipt for an international design application?

When the USPTO receives the publication of an international design application under Article 10(3) of the Hague Agreement, it sends a filing receipt to the applicant. According to the MPEP, this filing receipt includes the following information: U.S. application number U.S. filing date Inventorship Applicant information Other relevant application data of record The MPEP states:…

Read More

What are the filing options for international design applications at the USPTO?

What are the filing options for international design applications at the USPTO? The USPTO offers multiple filing options for international design applications. According to MPEP 2905: EFS-Web: “Applicants may file international design applications electronically through EFS-Web.” Paper filing: “Alternatively, international design applications may be filed on paper with the USPTO by mail.” Hand delivery: Paper…

Read More

How does the USPTO evaluate claims of improved computer functionality in patent applications?

The USPTO evaluates claims of improved computer functionality in patent applications by considering whether the claimed invention provides a technical improvement to the computer itself or to another technology. According to MPEP 2106.04(d)(1): “[T]he claim must be evaluated to ensure the claim itself reflects the disclosed improvement in technology… That is, the claim must include…

Read More

How does the USPTO evaluate the level of experimentation required for an invention?

The USPTO evaluates the level of experimentation required for an invention as part of the enablement assessment. According to MPEP 2164.01(a), this evaluation considers whether the experimentation needed is “undue.” The MPEP states: “The determination that ‘undue experimentation’ would have been needed to make and use the claimed invention is not a single, simple factual…

Read More