Patent Applications

If prior art references were considered in a parent, must an IDS be filed in a continuing application?

Does a continuing application require an IDS disclosing prior art references already considered in the parent application? No.  According to MPEP Section 609.02, it is…

When is the nonprovisional filing due date if the deadline falls on a weekend or holiday?

When is the nonprovisional deadline? The 1-year anniversary of a US provisional patent application or a foreign priority application may occasionally fall on a non-business…

What is a Patent Office Action?

What is a patent Office Action? After waiting one to two years (or longer) from the filing date of your utility nonprovisional patent application, you…

Is a Power of Attorney Required to File a Patent Office Action Response?

Is a Power of Attorney required to file a patent Office Action response? No, a power of attorney need not be filed in order to…

What is an Information Disclosure Statement or IDS?

What is an Information Disclosure Statement (IDS)? Every patent applicant has a duty to disclose to the USPTO all known prior art or other information…

Patent Marking: How to Mark Patented Products With Your Patent Number

How do you mark products with patent numbers? The question is not if you should mark your patented products (of course you should!), but how.…

What is a Restriction Requirement?

Is my patent application being rejected? If a patent examiner thinks that the pending claims in a patent application are directed to more than one invention,…

Why file a continuing patent application?

Reasons for Filing a Continuing Application A continuing application is basically a child patent application that must be filed while the parent patent application is…

Patent term: When does a utility patent expire?

How long does a utility patent last? Generally, a utility patent expires 20 years from the filing date [35 USC 154(a)]. This 20-year patent term…

Late US National Stage Entry and Nonprovisional with Foreign Priority Claims: How to Recover from Missed Deadlines

Late US National Stage Entry So you missed the 30-month US national phase deadline. To file a late US national stage application, the entire delay…

Should foreign Office Actions or foreign prior art references be cited in an IDS?

Duty to Disclose Known Information Material to Patentability U.S. patent law places an obligation on applicants to notify the USPTO of known information that is…

When must foreign priority document be filed in a US utility patent application?

What is the deadline for filing a certified foreign priority document in a utility patent application? Under the new AIA rules for US utility applications…

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