A utility application can claim the benefit of a design application, and a design application can claim the benefit of a utility application:
Where the conditions of 35 U.S.C. 120 are met, a design application may be considered a continuing application of an earlier utility application. Conversely, this also applies to a utility application relying on [...]
37 CFR 1.53(b) and 37 CFR 1.63(d) Divisional-Continuation Procedure: MPEP 201.06(c)
Claiming the Benefit of an Earlier Filing Date: MPEP 201.11
Oath or declaration: MPEP 602.05(a), 37 CFR 1.63, MPEP 201.06(c)(II)
Information Disclosure Statements: MPEP 609.02
Effective November 1, 2007, and applicable to pending applications in various ways, there are some major changes in the number of claims permitted in an application, and in the number of continuations permitted. A few highlights (with many details left out):
* No more than 5 independent and 25 total claims per application (5/25 rule). [...]
The Patent Cooperation Treaty (PCT) is an international agreement for filing patent applications having effect in many countries around the world. Although the PCT system does not provide for the grant of “an international patent”, the system simplifies the process of filing patent applications, delays the expenses associated with applying for patent protection in foreign [...]
Biomedino v. Waters Technology (Fed. Cir. 2007)
(via Patently-O)
If you haven’t heard already, the Supreme Court’s recent decision makes it easier to invalidate already issued patents, and will likely make it more difficult to obtain patents. More to come later.
Links: KSR v. Teleflex decision, Transcript of oral arguments.
Q: Does FDA approval of a drug for a new use forestall the expiration of the drug’s patent for an old use? Wellbutrin XL has been approved for major depression for a while. Its patent is up some time this year. It has recently been approved so that it can be marketed for seasonal [...]
The Manual of Patent Examining Procedure (MPEP) Eighth Edition, Revision 4 has been released. The Manual is published to provide U.S. Patent and Trademark Office (USPTO) patent examiners, applicants, attorneys, agents, and representatives of applicants with a reference work on the practices and procedures relative to the prosecution of patent applications before the USPTO.
This [...]
Websites such as shouldexist.org enable users to publish their inventive ideas and collaborate with others to refine and develop their inventions. Users may donate their time and money to the website and to specific projects. Of particular interest is that all discussions and projects are documented, dated, published on-line, and publicly available; this, [...]
The USPTO has released interim guidelines for determining the eligibility of subject matter for patent applications. The guidelines were published after a recent appeal (Ex parte Lundgren, Appeal No. 2003-2088 (BPAI 2005)) in which the Board of Patent Appeals and Interferences issued a precedential opinion stating that “… there is currently no judicially [...]
After your utility patent is granted, you must pay fees in order for the patent to remain in force. These “maintenance fees” must be paid 3.5 years, 7.5 years, and 11.5 years after the patent is granted. The patent office offers a six month grace period so fees may be paid, with a [...]
The Cooperative Research and Technology Enhancement Act amends 35 U.S.C. 103( c ) to provide that subject matter developed by another person shall be treated as owned by the same person or subject to an obligation of assignment to the same person for purposes of determining obviousness if three conditions are met: (1) The claimed [...]
The USPTO is offering applicants an optional procedure to review the examiner’s rejection prior to the actual filing of an appeal brief.
Sometimes, much of the value of a product lies in its appearance. For example, Apple Computer is well known for designing instantly recognizable and attractive products. If your product has novel visual characteristics, such as a unique configuration, shape, or surface ornamentation, you can file a design patent application. A design patent [...]