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, the examiner may issue a Restriction Requirement asking the applicant to pick a certain group of claims to prosecute in the pending application. A Restriction Requirement does not necessarily mean […]

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Why file a continuing application?

Reasons for Filing a Continuing Application Two key reasons may justify filing a continuing application that stems from a pending patent application: You want to pursue different claims than those in the pending application; or You have invented new subject matter (e.g., features, concepts, improvements, variations, processes, etc.) not disclosed in the pending application. Different Claims You […]

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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 begins at the filing date of the first U.S. non-provisional application, which includes the filing date of an international PCT application. Foreign priority dates are not considered in determining the […]

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Can a design patent application claim priority to a utility patent application?

Can a design patent application claim priority to a utility non-provisional application? A design patent application may claim priority to a pending utility non-provisional patent application, but not to a provisional patent application under 35 USC § 172. The drawings in the earlier filed non-provisional application must adequately support the drawings to be filed in the […]

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How to speed up patent application based on applicant’s age

Petition to Make Special Based on Age There’s a streamlined way to speed up utility patent applications based on the inventor’s age. An inventor who is at least 65 years old may file a petition to make special based on age with the USPTO to advance the examination of the patent application. By filing the […]

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What are USPTO requirements for design patent drawings?

Strict USPTO Rules for Design Drawings Strict standards apply to US design patent drawings. Generally, the figures for a design patent application should be shown in black-and-white line drawings with proper surface shading and the appropriate use of any broken lines to show subject matter that does not form a part of the claimed design. […]

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