Chapter 200: Types, Cross-noting and Status of Application
Chapter 200 discusses many important topics. These include the differences between national and international applications and a general overview of the different types of applications that may be filed to the PTO.
There are several different application types in all including; provisional, nonprovisional (regular), divisional, continuation-in-part, continuing, continued prosecution applications, substitute, statutory invention registration, and reissue applications.
Under specific conditions, an applicant may want to claim the earlier filing date of a previously filed application. It is possible to claim the priority of an earlier U.S. application or even applications filed in participating foreign countries.
Application status is also covered. The status of the application includes whether the application is pending, rejected or has been abandoned.
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An applicant may file a utility, plant or design patent application. This section covers the many different types of applications including national and international patent applications along with the different types of filings (i.e. provisional, nonprovisional, divisional, etc ...).
Provides definitions related to the status of applications. Definitions discussed include the following statuses; new, rejected, amended, allowed, or in issue, abandoned, incomplete, and the term status inquiries.
This section covers the procedure for claiming the benefit of an earlier domestic application and claiming priority to an earlier foreign application. In addition, the requirement for a statement under 37 C.F.R. 1.55 or 1.78 for first inventor to file transition applications is also discussed.
This section covers the conditions where a patent application is entitled to the benefit of the filing date of an earlier filed application. The difference in requirements between instances where the prior filed application is a nonprovisional or a provisional are covered.
A later filed application can claim a prior filed provisional application under 35 U.S.C. 119(e). A later filed application can claim a prior filed nonprovisional application under 35 U.S.C. 120, 121, or 365(c).
Under certain conditions and on fulfilling certain requirements, an application for patent filed in the United States may be entitled to the benefit of the filing date of a prior application filed in a foreign country. The conditions are specified in 35 U.S.C. 119(a)-(d) and (f), and 37 CFR 1.55.
This section covers the time for filing a priority claim and unintentionally delayed priority claims.
The applicant must furnish a certified copy or the foreign priority application. This section covers details of the certified copy including the time for filing it (both in an application filed before, or on or after March 16, 2013).
This section covers an applicant's entitlement to priority and using a certificate of correction to perfect a claim for priority.
Incorporation by reference is the act of including a second document within another document by only mentioning the second document. This section discusses incorporating by reference under 37 C.F.R. 1.57(a). Included is coverage on the conditions and requirements of incorporating by reference.
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