What is the individual designation fee structure for international design applications designating the United States?
The United States has implemented a two-part individual designation fee structure for international design applications designating the U.S. under the Hague Agreement: 1. A first part payable at filing 2. A second part payable upon allowance of the application As stated in the MPEP, “Pursuant to Article 7(2) and Rule 12(3), the United States declared…
Read MoreWhat are the key declarations made by the United States under the Hague Agreement?
The United States made several key declarations under the Hague Agreement, including: An international design application designating the U.S. must contain a specific claim. An oath or declaration of the creator and indications of the creator’s identity are required. Deferment of publication is not possible for U.S. designations. Only one independent and distinct design may…
Read MoreWhat is the role of the U.S. Attorney General in patent material fraud cases?
The U.S. Attorney General plays a crucial role in cases of potential material fraud discovered during supplemental examination or reexamination of patents. MPEP 2819 states: “The matter will be referred to the U.S. Attorney General in accordance with 35 U.S.C. 257(e).“ This referral occurs after an internal review process within the USPTO. The Attorney General’s…
Read MoreWhat is the role of the U.S. Attorney General in patent-related material fraud cases?
What is the role of the U.S. Attorney General in patent-related material fraud cases? The U.S. Attorney General plays a crucial role in addressing material fraud cases related to patents. According to MPEP 2819: “If the Office becomes aware of a material fraud on the Office… the matter will be referred to the U.S. Attorney…
Read MoreCan a U.S. applicant file an international design application directly with WIPO?
Can a U.S. applicant file an international design application directly with WIPO? No, a U.S. applicant cannot file an international design application directly with the World Intellectual Property Organization (WIPO). According to MPEP 2905, “Applicants from the United States are not permitted to file international design applications directly with the International Bureau.” U.S. applicants must…
Read MoreCan US applicants file international design applications directly with WIPO?
Yes, US applicants can file international design applications directly with the World Intellectual Property Organization (WIPO). MPEP 2905 states: “If the applicant is a national of the United States, or has a domicile, a habitual residence, or a real and effective industrial or commercial establishment in the United States, the international design application may be…
Read MoreHow does the Uruguay Round Agreements Act affect patent terms?
How does the Uruguay Round Agreements Act affect patent terms? The Uruguay Round Agreements Act (URAA) had a significant impact on patent terms in the United States. As explained in MPEP 2701: “The 20-year patent term presented in 35 U.S.C. 154(a)(2) is not applicable to all patents. The 20-year term applies only to patents issued…
Read MoreCan the best mode requirement be updated after the initial patent filing?
No, the best mode requirement cannot be updated after the initial patent filing. The MPEP 2165.01 clearly states: “There is no requirement to update in the context of a foreign priority application under 35 U.S.C. 119, Standard Oil Co. v. Montedison, S.p.A., 494 F.Supp. 370, 206 USPQ 676 (D.Del. 1980) (better catalyst developed between Italian…
Read MoreHow should a patent owner update their address for reexamination proceedings?
To update their address for reexamination proceedings, a patent owner should: File a properly signed paper in the patent file identifying the new address Include a request that the new address be used for all future communications related to reexamination proceedings As stated in MPEP 2222: “A change of address filed in a patent application…
Read MoreHow do I update my address for patent correspondence with the USPTO?
How do I update my address for patent correspondence with the USPTO? To update your address for patent correspondence with the USPTO: Use the Change of Correspondence Address Form PTO/AIA/122 for applications filed on or after September 16, 2012. Use Form PTO/SB/122 for applications filed before September 16, 2012. Submit the form to the USPTO’s…
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