MPEP Chapter 200 - Types, Cross-Noting, & Status of
Application
Jeremiah
Terms in this set (24)
-unity of invention (national-stage) vs. examiner discretion (national) for restrictions
2 Differences in Treatment of National vs.
-no filing fee, oath/declaration, translation = filing date + NMP for national
National-Stage Applications
-no filing fee, oath/declaration, translation = no filing date until deficits are corrected
-accomplished under 37 CFR 1.48
Correction of Inventorship -requires submission of corrected ADS, declaration/oath from added inventor(s), and
payment of fee
-claimless, unexamined, and temporary
-must have a coversheet or ADS, a 102-fulfilling specification, and any necessary
drawings
Provisional Application -payment of fee required
-no oath/declaration or IDS
-placeholder app used to claim priority later
-non-provisional or PCT must be filed w/in 12 months to maintain priority date
-no claims
-no oath/declaration
-no examination or amendment
The 7 Nos for Provisional Applications -no design applications
-no possible claim for priority from other applications
-no information data sheets
-no basis for priority for design applications
-set of papers examined by USPTO during its pendency
Regular/Standard Utility Application
-must become abandoned or issued
-second, third, etc. application filed by the same applicant for the same invention
claimed in a prior non-provisional application
-co-pending with parent
Continuation
-typically filed to start fresh with prosecution after a Final Rejection
-can be in the form of a fresh set of papers with a fresh oath or a copy of the oath in
the parent
MPEP Chapter 200 - Types, Cross-Noting, & Status of Application
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