200 Content Cards Flashcards
Regular Utility Application
Standard Application
Patent Application that is examined by the USPTO during pendency.
Must become issued or abandoned
Applicants are the inventor(s) who also own invention at first. Unless they give up rights or assign it to someone else
Continuation
Second, Third, Etc.. application by the same applicant for the same application and filed before parent is abandoned
Original application and the continuation are “co pending”
Can be done at any time during prosecution and allowed to claim priority
Can be Continuations, CIP, or Divisional
Typically filed after final Rejection to restart prosecution
Continuation In Part
Second application by same applicant for the same invention in prior non provisional application.
Filed only under Rule 1.53 (b)
CIP Repeats some substantial portion of the earlier app and adds new information
Divisional
Later application for a distinct and independent invention carved out of a pending application
claims only SM disclosed in the parent application
MUST be co-pending with the parent
Substitute
Applications that have same disclosure as an earlier application and is not co-pending.
i.e. using this to revive an abandoned application
Not considered a continuing application
CPA
Continued Prosecution Application
Per Rule 1.53 (d) is a continuation for design applications only
Can only be filed if the parent is to be abandoned
File of parent is continued and the CPA gets the same serial number
All papers in parent carry over including the priority (us or foreign)
Small entity status still transfers over if already established
Foreign Priority
35 USC 119
Does not count in pre aia 102 e but does in post aia 102 (a)(2)
Establishes earlier date for claims against prior art
Does not count in patent term
Domestic Priority
35 USC 120
Counts in determining pre aia 102 e date and post aia 102 (a)(2) date
Establishes claims against prior art
Counts in Patent Term
Provisional App Priority
35 USC 119 e
Counts in determining 102(e) and post AIA 102 (a)(2) date
establishes earlier date for claims against prior art
does not count in patent term
How to Claim Domestic Priority
Co-pending apps
@ least one common inventor
optional reference to parent in application by serial # and file date
list the request for priority in signed ADS
How to Claim Foreign Priority
All foreign apps must have been filed less then 1 year ago
make the claim for priority in ADS
File certified copy of foreign document
translation necessary only if rejection is given
Provisional Priority
Replacement utility app must be filed within 1 year
No design applications allowed
At least 1 common inventor
Listed in signed ADS
Optional reference to provisionally filed application number
