This post discusses a less common but nonetheless important point that my earlier post on this subject did not – the mechanics of how to claim priority to a foreign patent document, along with a few examples. Generally, the approach for claiming the benefit of foreign priority is similar to claiming domestic priority. There are…
Category: Practice Suggestions
Claiming The Benefit Of Priority, Examples Of How To Do It, And How To Correct A Failure To Make A Claim
This post discusses some of the mechanics involved in securing a right of priority to an earlier filed application, provides some examples of acceptable claims of priority, and ways to correct a failure to make the required claim. BACKGROUND When certain conditions are satisfied, a patent application is entitled to the benefit of the…
Application Data Sheets And How They Help
An application data sheet (ADS) is a document that provides the bibliographic data for an application to the USPTO. The USPTO prefers, but does not require, the use of an ADS. An ADS can be advantageous, however, because it tends to reduce errors in the conversion/recordation of application data into the USPTO’s official electronic data…
Exercise Care When Selecting International Searching Authorities
The USPTO recently published a Notice to applicants filing applications under the PCT in the United States Receiving Office (RO/US) to exercise care in selecting a competent International Searching Authority (ISA) for claimed subject matter. The USPTO reminds applicants that: (1) the EPO will not act as an ISA/IPEA for applications with one or more…
Examples Of Strategic Uses Of Requests For Continued Examination (RCEs)
This is the second part of a two-part discussion of RCEs and the submission requirement. In my earlier post here, I discussed legal principles about RCEs and some RCE strategy. This post presents and discusses some additional strategic uses for RCEs beyond reopening/continuing prosecution after a final Office action. An RCE can be used to…