Can a Continued Prosecution Application (CPA) be filed for utility or plant patent applications?
Can a Continued Prosecution Application (CPA) be filed for utility or plant patent applications? No, a Continued Prosecution Application (CPA) cannot be filed for utility or plant patent applications. According to MPEP 201.06(d): ‘Effective July 14, 2003, CPAs are only available for design applications.’ This means that CPAs are exclusively for design patent applications. For…
Read MoreWhat are the requirements for drawings in a nonprovisional utility patent application?
Drawings are an essential part of many nonprovisional utility patent applications. According to MPEP 601, the requirements for drawings are as follows: Drawings must be included in the application where necessary for the understanding of the subject matter to be patented. The applicant must furnish a drawing where the nature of the case admits of…
Read MoreWhat are the requirements for a nonprovisional utility patent application to receive a filing date?
For nonprovisional utility patent applications filed on or after December 18, 2013, the requirements to receive a filing date are: A specification With or without claims Prior to December 18, 2013, the requirements were: A specification containing a description and at least one claim Any drawing necessary under 35 U.S.C. 113 The USPTO states: Effective…
Read MoreWhat are the requirements for submitting photographs as drawings in a patent application?
What are the requirements for submitting photographs as drawings in a patent application? Photographs are generally not permitted as drawings in patent applications unless they are the only practicable medium for illustrating the claimed invention. According to MPEP 608.02, “The Office will accept photographs in utility and design patent applications, however, if photographs are the…
Read MoreHow are replacement drawings handled in utility patent applications after the Notice of Allowability?
Replacement drawings received in utility patent applications after the Notice of Allowability is mailed are handled differently: Where replacement drawings are received in utility patent applications after the Notice of Allowability was mailed, the replacement drawings are handled by the Office of Data Management. Submission to the examiner is not necessary unless an amendment to…
Read MoreHow do I submit color drawings in a utility patent application?
To submit color drawings in a utility patent application, you must file a petition under 37 CFR 1.84(a)(2). The petition must include: The fee set forth in 37 CFR 1.17(h) One set of color drawings if submitted via the USPTO electronic filing system, or three sets if not submitted electronically An amendment to the specification…
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