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 Patent Drawings The USPTO has strict standards for US design patent drawings. The strict rules include certain required views as well as how those views must be shown. In most cases, figures for a design patent application should be drawn in black-and-white line drawings. Design patent drawings should include proper […]

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Where can I find IP resources for startups?

IP resources for startups As an early stage startup, you cannot ignore the significance of IP. At the same time, your budget for protecting your IP may be limited. Where can startups go to find helpful IP resources? Let me list a few. IP Checklist A good place to start is an IP checklist. What […]

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How much are flat fee estimates for PCT national phase entries?

National stage flat fee cost estimates A PCT application allows you to file your patent application in multiple countries. To do so, an applicant enters the national stage, or national phase, of each desired country by filing a copy of the PCT application. Filing these national stage applications can require a significant outlay of cash, […]

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Can you add new content after filing patent application (CIP)?

Can you add new content after filing a patent application? Yes, it is possible to add new content after filing a utility patent application, but not in the way that you might think. Procedurally, the new subject matter is added not to the first patent application that has already been filed, but rather to a […]

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Is an English translation of a foreign priority patent application required?

When filing a conventional direct priority U.S. non-provisional patent application claiming priority to a foreign application filed within 12 months (Paris Convention, not PCT), an English translation of the foreign priority document is not required. 37 CFR 1.55(g)(3) states: (3) An English language translation of a non-English language foreign application is not required except: (i) When the application is […]

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Design Patents vs. Utility Patents: What are the differences?

Design Patents vs. Utility Patents The essential distinction between design and utility patents is the difference in protecting “How it looks” (design) vs. “How it works” (utility).  If you’re concerned about competitors copying the appearance of your concept, then apply for design patents.  If you want to protect the functional features of your concept, then apply for […]

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