How does the AIA affect the use of 37 CFR 1.131 affidavits for NAFTA/WTO acts?
How does the AIA affect the use of 37 CFR 1.131 affidavits for NAFTA/WTO acts? The America Invents Act (AIA) has significantly impacted the use of 37 CFR 1.131 affidavits, including those relying on acts in NAFTA/WTO countries. The MPEP 715.07(c) notes: “The provisions of 35 U.S.C. 104, as in effect on March 15, 2013,…
Read MoreWhich countries are recognized for priority claims under 35 U.S.C. 119(a)-(d)?
The MPEP provides a table of states (countries) for which the right of priority under 35 U.S.C. 119(a)-(d) is recognized. These countries fall into three categories: Parties to the Patent Cooperation Treaty (PCT) Parties to the Paris Convention for the Protection of Industrial Property Members of the World Trade Organization (WTO) The MPEP states: “Following…
Read MoreWhat are the requirements for claiming priority to a foreign application?
What are the requirements for claiming priority to a foreign application? To claim priority to a foreign application, several requirements must be met: The U.S. application must be filed within 12 months of the foreign application (or 6 months for design patents). The foreign application must be from a country that grants similar privileges to…
Read MoreWhich countries are recognized for claiming priority in U.S. patent applications?
The United States recognizes the right of priority for patent applications filed in countries that are: Parties to the Patent Cooperation Treaty (PCT) Members of the Paris Convention for the Protection of Industrial Property Members of the World Trade Organization (WTO) The MPEP states: Following is a table of states, i.e., countries, with respect to…
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