What is a utility nonprovisional patent application? Unlike design patents, utility patents protect functionality. To get a utility patent, you have to file a utility nonprovisional patent application and ultimately get it allowed. What makes the utility patent process unique and a bit more complicated is the option of filing a preliminary placeholder application called […]
Articles Tagged: priority claim
How To File A US Design Patent Based On Foreign Priority
What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date. If the delay past the 6-month deadline is […]
How To File A US Utility Patent Based On Foreign Priority Claim (Paris Convention, not PCT)
What is a conventional priority claim? A US utility patent application may be filed claiming the benefit of an earlier filing date of a foreign priority application for the same invention. This conventional priority claim under 35 USC Section 119 may go by different names such as “straight priority” or “Paris Convention” or direct priority. […]
Can you refile a provisional patent application (PPA)?
Can you refile a provisional patent application? You can file the same provisional patent application as many times as you want, and whenever you want. So, yes, it is possible to refile a provisional patent application, but not without consequences. Filing the same provisional application over again, however, will result in a later priority date. […]
How to Extend the PCT National Stage Deadline
Is it possible to extend the PCT national stage deadline? Depending upon the country, the deadline for entering the national phase of a PCT application will be either 30 months (e.g., US) or 31 months from the priority date. Two and a half years may seem like a long time, but the national stage deadline […]
What is a patent priority claim?
Why do priority claims matter for patents? Patenting is about winning the race to the Patent Office by applying for a protectable invention before others do. In order to be first to the Patent Office, you need an earlier filing date that precedes the filing dates of others attempting to patent similar inventions. A priority […]