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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…

What is a trademark knockout search?

How do we identify the risk of likelihood of confusion rejections before filing a trademark application? A trademark knockout search generally refers to a pre-filing…

How to Prepare Acceptable Trademark Specimens of Use

What is a trademark specimen of use? In nearly all cases, a trademark must be tied to a particular product or service. Trademarks do not…

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…

Intent-To-Use Trademark Application Problems: What can go wrong?

What are some Intent-To-Use trademark application problems? Intent-To-Use trademark applications are great. You get to file an application to register a trademark that you have…

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…

How to register foreign trademark with non-English wording and non-Latin characters

Trademark with non-English wording or non-Latin characters Can you register a trademark with foreign characters? A US trademark application for foreign wording must contain an…

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…

How to File a US Trademark Application Based On a Foreign Registration – Section 44(e)

What is a foreign registration filing basis? It is possible to file a US trademark application based on a foreign registration for the same mark.…
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