For information about applying for a patent, view upcoming webinar dates and past presentation slides and videos. Department of Commerce. The role of the USPTO is to grant patents for the protection of inventions and to register trademarks. It serves the interests of inventors and businesses with respect to their inventions and corporate products, and service identifications. In discharging its patent related duties, the USPTO examines applications and grants patents on inventions when applicants are entitled to them; it publishes and disseminates patent information, records assignments of patents, maintains search files of U. The Office supplies copies of patents and official records to the public.
Another scenario might be when the deadline for filing PCT application i. The regulations pertaining to post dating of the patent applications are governed by the provisions mentioned in Sec 9 and Sec 17 of the Patents Act. The provisions of Sec 17 are subject to the provisions of Sec 9.
This means that the powers of the controller as mentioned in Sec 17 for post dating a patent application are restrained by the provisions of Sec 9 1 that a complete specification must be filed within 12 months from the date of filing of the provisional application.
Regarding the post dating of the applications, some provisions have been published in chapter 9. Sec 17 1. In Standipack Pvt. Oswal Trading Co. Where a complete specification has been filed in pursuance of an application for a patent accompanied by a provisional specification or by a specification treated by virtue of a direction under sub-section 3 as a provisional specification, the Controller may, if the applicant so requests at any time before [grant of patent], cancel the provisional specification and post-date the application to the date of filing of the complete specification.
The interpretation of Sec 9 4 is that when the inventor has not provided sufficient disclosure or has provided incomplete information in the provisional specification, he can file a complete specification within 12 months of filing the provisional specification and may request to cancel the such provisional specification.
In this case, the date of application will be the date on which such complete specification is filed. Adhering to the Patent Application timelines is crucial. It is always advised to seek professional help to ensure appropriate guidance for your patent applications. Post Dating Patent Applications in India.
October 10, by Intepat Team Patent. If an application that has been accorded a filing date does not include the filing fee or the oath or declaration, applicant will be notified and given a time period to pay the filing fee, file an oath or declaration and pay a surcharge. All applications received in the USPTO are numbered in sequential order, and the applicant will be informed of the application number and filing date by a filing receipt. The filing date of an application for patent is the date on which a specification including at least one claim and any drawings necessary to understand the subject matter sought to be patented are received in the USPTO; or the date on which the last part completing the application is received in the case of a previously incomplete or defective application.
Since June 8,the USPTO has offered inventors the option of filing a provisional application for patent, which was designed to provide a lower-cost first patent filing in the United States and to give U. Claims and oath or declaration are NOT required for a provisional application.
Provisional applications may not be filed for design inventions.
The filing date of a provisional application is the date on which a written description of the invention, and drawings if necessary, are received in the USPTO. To be complete, a provisional application must also include the filing fee, and a cover sheet specifying that the application is a provisional application for patent. The applicant would then have up to 12 months to file a notruthexchange-sow.comovisional application for patent as described above. The claimed subject matter in the later filed notruthexchange-sow.comovisional application is entitled to the benefit of the filing date of the provisional application if it has support in the provisional application.
- Google Patents Systems and methods for social dating are provided. In particular, some embodiments provide recommendations for connections (i.e., candidate users) based on . A provisional application provides the means to establish an early effective filing date in a later filed notruthexchange-sow.comovisional patent application filed under 35 U.S.C. § (a). It also allows the term "Patent Pending" to be applied in connection with the description of the truthexchange-sow.com by: 6. Aug 08, Another commonly availed option is to post-date the priority application when the deadline to file a foreign application (1 year from the date of filing priority application) is missed. However, most of us tend to take it for granted that such post-dating will not jeopardize our patent rights and hence fearlessly proceed with the option.
If a provisional application is not filed in English, and a notruthexchange-sow.comovisional application is filed claiming benefit to the provisional application, a translation of the provisional application will be required. See title 37, Code of Federal Regulations, Section 1. Provisional applications are NOT examined on their merits.
A provisional application will become abandoned by the operation of law 12 months from its filing date. The month pendency for a provisional application is not counted toward the year term of a patent granted on a subsequently filed notruthexchange-sow.comovisional application that claims benefit of the filing date of the provisional application.
A surcharge is required for filing the basic filing fee or the cover sheet on a date later than the filing of the provisional application. Design and provisional applications can also be filed via EFS-Web. Plant applications, however, are not permitted to be filed via EFS-Web. Publication of patent applications is required by the American Inventors Protection Act of for most plant and utility patent applications filed on or after November 29, On filing of a plant or utility application on or after November 29,an applicant may request that the application not be published, but only if the invention has not been and will not be the subject of an application filed in a foreign country that requires publication 18 months after filing or earlier claimed priority date or under the Patent Cooperation Treaty.
Publication occurs after the expiration of an month period following the earliest effective filing date or priority date claimed by an application. Following publication, the application for patent is no longer held in confidence by the Office and any member of the public may request access to the entire file history of the application. As a result of publication, an applicant may assert provisional rights.
These rights provide a patentee with the opportunity to obtain a reasonable royalty from a third party that infringes a published application claim provided actual notice is given to the third party by applicant, and patent issues from the application with a substantially identical claim.
Thus, damages for pre-patent grant infringement by another are now available. To become a Registered eFiler and have the ability to file follow-on correspondence, please consult the information at www. EFS-Web allows customers to electronically file patent application documents securely via the Internet via a Web page.
EFS-Web is a system for submitting new applications and documents related to previously-filed patent applications. Customers prepare documents in Portable Document Formatattach the documents, validate that the documents will be compatible with USPTO internal automated information systems, submit the documents, and pay fees with real-time payment processing.
Some forms are available as fillable EFS-Web forms. E Most follow-on documents and fees for a previously filed patent application. Further information on EFS-Web is available. An oath or declaration is a formal statement that must be made by the inventor in a notruthexchange-sow.comovisional application.
Each inventor must sign an oath or declaration that includes certain statements required by law and the USPTO rules, including the statement that he or she believes himself or herself to be the original inventor or an original joint inventor of a claimed invention in the application and the statement that the application was made or authorized to be made by him or her.
See 35 U. C and 37 CFR 1. An oath must be sworn to by the inventor before a notary public.
A declaration may be submitted in lieu of an oath. A declaration does not need to be notarized. Oaths or declarations are required for design, plant, utility, and reissue applications. In lieu of an oath or declaration, a substitute statement may be signed by the applicant with respect to an inventor who is deceased, legally incapacitated, cannot be found or reached after diligent effort, or has refused to execute the oath or declaration.
When filing a continuing application, a copy of the oath or declaration filed in the earlier application may be used provided that it complies with the rules in effect for the continuing application i. A patent application is subject to the payment of a basic fee and additional fees that include a search fee, an examination fee, and issue fee.
Consult the current fees web page. For example, if applicant filed a total of 25 claims, including four independent claims, applicant would be required to pay excess claims fees for five total claims exceeding 20, and one independent claim exceeding three. If the same applicant later filed an amendment increasing the total number of claims to 29, and the number of independent claims to six, applicant would be required to pay more excess claims fees for the four additional total claims and the two additional independent claims.
In calculating fees, a claim is singularly dependent if it incorporates by reference a single preceding claim that may be an independent or dependent claim. A multiple dependent claim or any claim depending therefrom shall be considered as separate dependent claims in accordance with the number of claims to which reference is made. In addition, if the application contains multiple dependent claims, an additional fee is required for each multiple dependent claim.
If the owner of the invention is a small entity, an independent inventor, a small business concern or a notruthexchange-sow.comofit organizationmost fees are reduced by half if small entity status is claimed. If small entity status is desired and appropriate, applicants should pay the small entity filing fee. Applicants claiming small entity status should make an investigation as to whether small entity status is appropriate before claiming such status.
Related applications may be listed on an application data sheet, either instead of or together with being listed in the specification. The total number of compact disc including duplicates and the files on each compact disc shall be specified. The specification must include a written description of the invention and of the manner and process of making and using it, and is required to be in such full, clear, concise, and exact terms as to enable any person skilled in the technological area to which the invention pertains, or with which it is most nearly connected, to make and use the same.
The specification must set forth the precise invention for which a patent is solicited, in such manner as to distinguish it from other inventions and from what is old. It must describe completely a specific embodiment of the process, machine, manufacture, composition of matter, or improvement invented, and must explain the mode of operation or principle whenever applicable.
The best mode contemplated by the inventor for carrying out the invention must be set forth. In the case of an improvement, the specification must particularly point out the part or parts of the process, machine, manufacture, or composition of matter to which the improvement relates, and the description should be confined to the specific improvement and to such parts as necessarily cooperate with it or as may be necessary to a complete understanding or description of it.
The title of the invention, which should be as short and specific as possible no more than charactersshould appear as a heading on the first page of the specification if it does not otherwise appear at the beginning of the application. A brief abstract of the technical disclosure in the specification, including that which is new in the art to which the invention pertains, must be set forth on a separate page preferably following the claims.
A brief summary of the invention indicating its nature and substance, which may include a statement of the object of the invention, should precede the detailed description. The summary should be commensurate with the invention as claimed, and any object recited should be that of the invention as claimed.
When there are drawings, there shall be a brief description of the several views of the drawings, and the detailed description of the invention shall refer to the different views by specifying the numbers of the figures, and to the different parts by use of reference numerals.
Continuation Patent Applications - IP series 19 of 62
The portion of the application in which the applicant sets forth the claim or claims is an important part of the application, as it is the claims that define the scope of the protection afforded by the patent and which questions of infringement are judged by the courts. More than one claim may be presented, provided they differ substantially from each other and are not unduly multiplied.
One or more claims may be presented in dependent form, referring back to and further limiting another claim or claims in the same application.
Multiple dependent claims shall refer to such other claims in the alternative only. A multiple dependent claim shall not serve as a basis for any other multiple dependent claim.
Claims in dependent form shall be construed to include all of the limitations of the claim incorporated by reference into the dependent claim. A multiple dependent claim shall be construed to incorporate all the limitations of each of the particular claims in relation to which it is being considered.
rows A detailed Patent Technology Monitoring Team report, titled Issue Dates and Patent Numbers Since , which contains first patent numbers and the day of issue for patents issued since , also may be of interest. In addition, the Patent and Trademark Office has a file that lists all patent numbers and their associated dates of grant. Sep 25, The Provisional Patent Application allows you to secure a filing date for your patent. Most app developers do this first because it is cheaper than a non-provisional patent application and doesn't require the extra effort of a formal patent claim. FREE Day Trial of Nurse Triage Software. Learn More. Youtube.
The claim or claims must conform to the invention as set forth in the remainder of the specification and the terms and phrases used in the claims must find clear support or antecedent basis in the description so that the meaning of the terms in the claims may be ascertainable by reference to the description. For an invention made with United States government support and for which the United States government has certain rights, 35 U.
The government has certain rights in the invention. It is preferable to use all of the section headings described below to represent the parts of the specification. Section headings should use upper case text without underlining or bold type. If the section contains no text, the phrase "Not Applicable" should follow the section heading. The applicant for a patent will be required by law to furnish a drawing of the invention whenever the nature of the case requires a drawing to understand the invention.
However, the Director may require a drawing where the nature of the subject matter admits of it; this drawing must be filed with the application.
This includes practically all inventions except compositions of matter or processes, but a drawing may also be useful in the case of many processes. The drawing must show every feature of the invention specified in the claims, and is required by the Office rules to be in a particular form.
The Office specifies the size of the sheet on which the drawing is made, the type of paper, the margins, and other details relating to the making of the drawing. The reason for specifying the standards in detail is that the drawings are printed and published in a uniform style when the patent issues, and the drawings must also be such that they can be readily understood by persons using the patent descriptions.
The sheets of drawings should be numbered in consecutive Arabic numerals, starting with 1, within the sight the usable surface. These numbers, if present, must be placed in the middle of the top of the sheet, but not in the margin. The numbers can be placed on the right-hand side if the drawing extends too close to the middle of the top edge of the usable surface.
The drawing sheet numbering must be clear and larger than the numbers used as reference characters to avoid confusion. The number of each sheet should be shown by two Arabic numerals placed on either side of an oblique line, with the first being the sheet number and the second being the total number of sheets of drawings, with no other marking.
This information should be placed on the top margin of each sheet of drawings. The name and telephone number of a person to call if the USPTO is unable to match the drawings to the proper application may also be provided. There are two acceptable categories for presenting drawings in utility and design patent applications:.
Black and white drawings are normally required. India ink, or its equivalent that secures solid black lines, must be used for drawings, or. On rare occasions, color drawings may be necessary as the only practical medium by which to disclose the subject matter sought to be patented in a utility or design patent application or the subject matter of a statutory invention registration.
The color drawings must be of sufficient quality such that all details in the drawings are reproducible in black and white in the printed patent. Color drawings are not permitted in international applications see PCT Rule The Office will accept color drawings in utility or design patent applications and statutory invention registrations only after granting a petition filed under this paragraph explaining why the color drawings are necessary.
Any such petition must include the following:. The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing s will be provided by the Office upon request and payment of the necessary fee.
Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the claimed invention.
For example, photographs or photomicrographs of electrophoresis gels, blots e. If the subject matter of the application admits of illustration by a drawing, the examiner may require a drawing in place of the photograph. The photographs must be of sufficient quality so that all details in the photographs are reproducible in the printed patent.
Color photographs will be accepted in utility and design patent applications if the conditions for accepting color drawings and black and white photographs have been satisfied. See paragraphs a 2 and b 1 of this section. If this information is provided, it must be placed on the front of each sheet within the top margin.
Each chemical or mathematical formula must be labeled as a separate figure, using brackets when necessary, to show that information is properly integrated.
Each group of waveforms must be presented as a single figure, using a common vertical axis with time extending along the horizontal axis.
Each individual waveform discussed in the specification must be identified with a separate letter designation adjacent to the vertical axis.
Each sheet must include a top margin of at least 2. The views may be plan, elevation, section, or perspective views.
Oct 10, The Indian Patent Act enables a patent application to be post dated under Sec 17 of the Patents Act to a maximum of 6 months from the date of making this kind of application, provided that the request for post dating is made before the grant of the patent. Why is Post dating done? The importance of securing earliest priority date for a patent is a known fact. In fact filing of provisional application .
Detail views of portions of elements, on a larger scale if necessary, may also be used. All views of the drawing must be grouped together and arranged on the sheet s without wasting space, preferably in an upright position, clearly separated from one another, and must not be included in the sheets containing the specifications, claims, or abstract.
Views must not be connected by projection lines and must not contain center lines. Waveforms of electrical signals may be connected by dashed lines to show the relative timing of the waveforms.
When an exploded view is shown in a figure that is on the same sheet as another figure, the exploded view should be placed in brackets. Partial views drawn on separate sheets must always be capable of being linked edge to edge so that no partial view contains parts of another partial view. A smaller scale view should be included showing the whole formed by the partial views and indicating the positions of the parts shown.
When a portion of a view is enlarged for magnification purposes, the view and the enlarged view must each be labeled as separate views. However, the relationship between the different parts must be clear and unambiguous.
The plane upon which a sectional view is taken should be indicated on the view from which the section is cut by a broken line. The ends of the broken line should be designated by Arabic or Roman numerals corresponding to the view number of the sectional view, and should have arrows to indicate the direction of sight.
Hatching must be used to indicate section portions of an object, and must be made by regularly spaced oblique parallel lines spaced sufficiently apart to enable the lines to be distinguished without difficulty. Hatching should not impede the clear reading of the reference characters and lead lines.
If it is not possible to place reference characters outside the hatched area, the hatching may be broken off wherever reference characters are inserted. Hatching must be at a substantial angle to the surrounding axes or principal lines, preferably 45 degrees. A cross section must be set out and drawn to show all of the materials as they are shown in the view from which the cross section was taken.
The parts in cross section must show proper material s by hatching with regularly spaced parallel oblique strokes, the space between strokes being chosen on the basis of the total area to be hatched.
The various parts of a cross section of the same item should be hatched in the same manner and should accurately and graphically indicate the nature of the material s that is illustrated in cross section. The hatching of juxtaposed different elements must be angled in a different way. In the case of large areas, hatching may be confined to an edging drawn around the entire inside of the outline of the area to be hatched.
Different types of hatching should have different conventional meanings as regards the nature of a material seen in cross section.
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A moved position may be shown by a broken line superimposed upon a suitable view if this can be done without crowding; otherwise, a separate view must be used for this purpose. Modified forms of construction must be shown in separate views. All views on the same sheet should stand in the same direction and, if possible, stand so that they can be read with the sheet held in an upright position. If views wider than the width of the sheet are necessary for the clearest illustration of the invention, the sheet may be turned on its side so that the top of the sheet, with the appropriate top margin to be used as the heading space, is on the right-hand side.
Words must appear in a horizontal, left-to-right fashion when the page is either upright or turned so that the top becomes the right side, except for graphs utilizing standard scientific convention to denote the axis of abscissas of X and the axis of ordinates of Y. One of the views should be suitable for inclusion on the front page of the patent application publication and patent as the illustration of the invention. Applicant may suggest a single view by figure number for inclusion on the front page of the patent application publication and patent.
Every line, number, and letter must be durable, clean, black except for color drawingssufficiently dense and dark, and uniformly thick and well defined.
The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views.
Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning.
Shading is used to indicate the surface or shape of spherical, cylindrical, and conical elements of an object. Flat parts may also be lightly shaded. Such shading is preferred in the case of parts shown in perspective, but not for cross sections.
See paragraph h 3 of this section. Spaced lines for shading are preferred. These lines must be thin, as few in number as practicable, and they must contrast with the rest of the drawings. As a substitute for shading, heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters.
Light should come from the upper left corner at an angle of 45 degrees. Surface delineations should preferably be shown by proper shading. Solid black shading areas are not permitted, except when used to represent bar graphs or color. The elements for which such symbols and labeled representations are used must be adequately identified in the specification.
Known devices should be illustrated by symbols that have a universally recognized conventional meaning and are generally accepted in the art.
Other symbols which are not universally recognized may be used, subject to approval by the Office, if they are not likely to be confused with existing conventional symbols, and if they are readily identifiable.
They should contain as few words as possible. They must be oriented in the same direction as the view so as to avoid having to rotate the sheet.
Reference characters should be arranged to follow the profile of the object depicted. They should not be placed in the drawing so as to interfere with its comprehension.
Therefore, they should not cross or mingle with the lines. They should not be placed upon hatched or shaded surfaces. When necessary, such as indicating a surface or cross section, a reference character may be underlined and a blank space may be left in the hatching or shading where the character occurs so that it appears distinct.
Reference characters mentioned in the description must appear in the drawings. Such lines may be straight or curved and should be as short as possible.
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They must originate in the immediate proximity of the reference character and extend to the feature indicated. Lead lines must not cross each other. Lead lines are required for each reference character except for those which indicate the surface or cross section on which they are placed. Such a reference character must be underlined to make it clear that a lead line has not been left out by mistake. Lead lines must be executed in the same way as lines in the drawing.
See paragraph 1 of this section. The content of the notice must be limited to only those elements provided for by law.
Inclusion of a copyright or mask work notice will be permitted only if the authorization language set forth in 1. Partial views intended to form one complete view, on one or several sheets, must be identified by the same number followed by a capital letter. The view numbers must be larger than the numbers used for reference characters.
Models or exhibits are not required in most patent applications since the description of the invention in the specification and the drawings must be sufficiently full, clear, and complete and capable of being understood to disclose the invention without the aid of a model.
A working model, or other physical exhibit, may be required by the Office if deemed necessary. This is not done very often.
A working model may be requested in the case of applications for patent for alleged perpetual motion devices. When the invention relates to a composition of matter, the applicant may be required to furnish specimens of the composition, or of its ingredients or intermediates, for inspection or experiment.
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If the invention is a microbiological invention, a deposit of the microorganism involved is required. Applications, other than provisional applications, filed in the United States Patent and Trademark Office and accepted as complete applications are assigned for examination to the respective examining technology centers having charge of the areas of technology related to the invention.
In the examining TC, applications are taken up for examination by the examiner to whom they have been assigned in the order in which they have been filed or in accordance with examining procedures established by the Director. Applications will not be advanced out of turn for examination or for further action except as provided by the rules, or upon order of the Director to expedite the business of the Office, or upon a showing that, in the opinion of the Director, will justify advancing them.
The examination of the application consists of a study of the application for compliance with the legal requirements and a search through U.
If two or more inventions are claimed in a single application, and are regarded by the Office to be of such a nature e. The other invention may be made the subject of a separate application which, if filed while the first application is still pending, will be entitled to the benefit of the filing date of the first application. A requirement to restrict the application to one invention may be made before further action by the examiner.
The reasons for any adverse action or any objection or requirement are stated in the Office action and such information or references are given as may be useful in aiding the applicant to judge the propriety of continuing the prosecution of his or her application. If the claimed invention is not directed to patentable subject matter, the claims will be rejected. If the examiner finds that the claimed invention lacks novelty or differs only in an obvious manner from what is found in the prior art, the claims may also be rejected.
It is not uncommon for some or all of the claims to be rejected on the first Office action by the examiner; relatively few applications are allowed as filed. The applicant must reply to every ground of objection and rejection in the prior Office action. The mere allegation that the examiner has erred will not be received as a proper reason for such reconsideration.
In amending an application in reply to a rejection, the applicant must clearly point out why he or she thinks the amended claims are patentable in view of the state of the art disclosed by the prior references cited or the objections made. He or she must also show how the claims as amended avoid such references or objections. After reply by the applicant, the application will be reconsidered, and the applicant will be notified as to the status of the claims-that is, whether the claims are rejected, or objected to, or whether the claims are allowed, in the same manner as after the first examination.
The second Office action usually will be made final. Interviews with examiners may be arranged, but an interview does not remove the necessity of replying to Office actions within the required time. On the second or later consideration, the rejection or other action may be made final. Petition may be taken to the Director in the case of objections or requirements not involved in the rejection of any claim.
Reply to a final rejection or action must include cancellation of, or appeal from the rejection of, each claim so rejected and, if any claim stands allowed, compliance with any requirement or objection as to form. In making such final rejection, the examiner repeats or states all grounds of rejection then considered applicable to the claims in the application.
The applicant may amend the application as specified in the rules, or when and as specifically required by the examiner.
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Amendments in reply to a non-final Office action are governed by CFR 1. Amendments filed after final action are governed by 37CFR 1. The specification, claims, and drawing must be amended and revised when required, to correct inaccuracies of description and definition or unnecessary words, and to provide substantial correspondence between the claims, the description, and the drawing.
All amendments of the drawings or specification, and all additions thereto must not include new matter beyond the original disclosure. Matter not found in either, involving a departure from or an addition to the original disclosure, cannot be added to the application even if supported by a supplemental oath or declaration, and can be shown or claimed only in a separate application.
The manner of making amendments to an application is provided in 37 CFR 1. Amendments to the specification but not including the claims must be made by adding, deleting or replacing a paragraph, by replacing a section, or by a substitute specification, as provided in the rules. Replacement paragraphs are to include markings e. New paragraphs are to be provided without any underlining. If a substitute specification is filed, it must be submitted with markings e.
No change in the drawing may be made except by permission of the Office. Any replacement sheet of drawings must include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is amended. Amendments to the claims are to be made by presenting all of the claims in a claim listing that replaces all prior versions of the claims in the application.
In the claim listing, the status of every claim must be indicated after its claim number after using one of the seven parenthetical expressions set forth in 37 CFR 1. All pending claims not being currently amended must be presented in the claim listing in clean version without any markings e. The original numbering of the claims must be preserved throughout the prosecution.
When claims are canceled, the remaining claims must not be renumbered. When claims are added by amendment or substituted for canceled claims, they must be numbered by the applicant consecutively beginning with the number next following the highest numbered claim previously presented. When the application is ready for allowance, the examiner, if necessary, will renumber the claims consecutively in the order in which they appear or in such order as may have been requested by applicant.
The reply of an applicant to an action by the Office must be made within a prescribed time limit. The maximum period for reply is set at six months by the statute 35 U. The usual period for reply to an Office action is three months. A shortened time for reply may be extended up to the maximum six-month period. An extension of time fee is normally required to be paid if the reply period is extended.
The amount of the fee is dependent upon the length of the extension. Extensions of time are generally not available after an application has been allowed. If no reply is received within the time period, the application is considered as abandoned and no longer pending.
However, if it can be shown that the failure to prosecute was unavoidable or unintentional, the application may be revived upon request to and approval by the Director. The revival requires a petition to the Director, and a fee for the petition, which must be filed without delay.
The proper reply must also accompany the petition if it has not yet been filed. If the examiner persists in the rejection of any of the claims in an application, or if the rejection has been made final, the applicant may appeal to the Patent Trial and Appeal Board PTAB in the United States Patent and Trademark Office.
An appeal fee is required and the applicant must file a brief to support his or her position. An oral hearing will be held if requested upon payment of the specified fee. As an alternative to appeal, in situations where an applicant desires consideration of different claims or further evidence, a request for continued examination RCE or a continuation application is often filed. In a civil action, the applicant may present testimony in the court, and the court will make a decision. If timely payment of the fee s is not made, the application will be regarded as abandoned.
See the current fee schedule at www. The Director may accept the fee s late, if the delay is shown to be unavoidable 35 U. When the required fees are paid, the patent issues as soon as possible after the date of payment, dependent upon the volume of printing on hand. On the date of the grant, the patent file becomes open to the public for applications not opened earlier by publication of the application.
In cases where the publication of an application or the granting of a patent would be detrimental to the national security, the Commissioner for Patents will order that the invention be kept secret and shall withhold the publication of the application or the grant of the patent for such period as the national interest requires. The owner of an application that has been placed under a secrecy order has a right to appeal the order to the Secretary of Commerce.
The terms of certain patents may be subject to extension or adjustment under 35 U. Such extension or adjustment results from certain specified types of delays which may occur while an application is pending before the Office. Utility and plant patents which issue from original applications filed between June 8, and May 28, may be eligible for patent term extension PTE as set forth in 37 CFR 1. Such PTE may result from delays due to interference proceedings under 35 U.
Utility and plant patents which issue from original applications filed on or after May 29, may be eligible for patent term adjustment PTA as set forth in 37 CFR 1. There are three main bases for PTA under 35 U. The first basis for PTA is the failure of the Office to take certain actions within specific time frames set forth in 35 U. The second basis for PTA is the failure of the Office to issue a patent within three years of the actual filing date of the application as set forth in 35 U.
The third basis for PTA is set forth in 35 U. Any PTA which has accrued in an application will be reduced by the time period during which an applicant failed to engage in reasonable efforts to conclude prosecution of the application pursuant to 35 U.
A non-exclusive list of activities which constitute failure to engage in reasonable efforts to conclude prosecution is set forth in 37 CFR 1.
An initial PTA value is printed on the notice of allowance and fee s due, and a final PTA value is printed on the front of the patent. Any request for reconsideration of the PTA value printed on the notice of allowance and fee s due should be made in the form of an application for patent term adjustment, which must be filed prior to or at the same time as the payment of the issue fee.
See 37 CFR 1.
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The patent contains a grant to the patentee, and a printed copy of the specification and drawing is annexed to the patent and forms a part of it. The patent does not grant the right to make, use, offer for sale or sell or import the invention but only grants the exclusive nature of the right.
Any person is ordinarily free to make, use, offer for sale or sell or import anything he or she pleases, and a grant from the government is not necessary. The patent only grants the right to exclude others from making, using, offering for sale or selling or importing the invention. A patentee, merely because he or she has received a patent for an invention, is not thereby authorized to make, use, offer for sale, or sell, or import the invention if doing so would violate any law.
An inventor of a new automobile who has obtained a patent thereon would not be entitled to use the patented automobile in violation of the laws of a state requiring a license, nor may a patentee sell an article, the sale of which may be forbidden by a law, merely because a patent has been obtained.
Neither may a patentee make, use, offer for sale, or sell, or import his or her own invention if doing so would infringe the prior rights of others. A patentee may not violate the federal antitrust laws, such as by resale price agreements or entering into combination in restraints of trade, or the pure food and drug laws, by virtue of having a patent. For example, a patent for an improvement of an original device already patented would be subject to the patent on the device.
The term of the patent shall be generally 20 years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application under 35 U. A maintenance fee is due 3.
The maintenance fee must be paid at the stipulated times to maintain the patent in force. After the patent has expired anyone may make, use, offer for sale, or sell or import the invention without permission of the patentee, provided that matter covered by other unexpired patents is not used. The terms may be extended for certain pharmaceuticals and for certain circumstances as provided by law.
All utility patents that issue from applications filed on or after December 12, are subject to the payment of maintenance fees which must be paid to maintain the patent in force. These fees are due at 3. See fee schedule for a list of maintenance fees.
In submitting maintenance fees and any necessary surcharges, identification of the patents for which maintenance fees are being paid must include the patent number, and the application number of the U. If the payment includes identification of only the patent number, the Office may apply payment to the patent identified by patent number in the payment or the Office may return the payment. See 37, Code of Federal Regulations, section 1.
Failure to pay the current maintenance fee on time may result in expiration of the patent. A six-month grace period is provided when the maintenance fee may be paid with a surcharge. The grace period is the six-month period immediately following the due date. If, however, the maintenance fee is not paid on time, efforts are made to remind the responsible party that the maintenance fee may be paid during the grace period with a surcharge.
If the maintenance fee is not paid on time and the maintenance fee and surcharge are not paid during the grace period, the patent expires on the date the grace period ends. The Office may issue without charge a certificate correcting a clerical error it has made in the patent when the printed patent does not correspond to the record in the Office.
These are mostly corrections of typographical errors made in printing. Some minor errors of a typographical nature made by the applicant may be corrected by a certificate of correction for which a fee is required. The patentee may disclaim one or more claims of his or her patent by filing in the Office a disclaimer as provided by the statute 35 U.
When the patent is defective in certain respects, the law provides that the patentee may apply for a reissue patent.