MPEP 202: Difference between revisions

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<noinclude>{{MPEP Section|201|200|203}}</noinclude>
<noinclude>{{MPEP Section|201|200|203}}</noinclude>
==[[MPEP 202|202 Cross-Noting]]==  
==[[MPEP 202|202 Cross-Noting]]==  
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===202.02 Notation in File History Regarding Prior U.S. Applications, Including Provisional Applications===
===202.02 Notation in File History Regarding Prior U.S. Applications, Including Provisional Applications===


For Image File Wrapper (IFW) processing, see the
The front page of a printed patent identifies all prior applications for which benefits are  
IFW Manual.The front page of a printed patent  
identifies all prior applications for which benefits are  
claimed under 35 U.S.C. 119(e), 120, 121, or 365(c)  
claimed under 35 U.S.C. 119(e), 120, 121, or 365(c)  
in continuation-in-part, continuation, divisional, substitute,  
in continuation-in-part, continuation, divisional, substitute,  
and reissue applications. Therefore, the identifying
and reissue applications.
data of all prior applications for which benefits
are claimed should be reviewed by the examiner to
ensure that the data is accurate and provided in either
the first sentence(s) of the specification or in an application
data sheet. See 37 CFR 1.78(a) and MPEP
§ 201.11. For example, the reference to a prior nonprovisional
application must include the appropriate
relationship (e.g., continuation, divisional, or continuation-
in-part) between the nonprovisional applications.


 
If a patent applicant claims benefit under 35 U.S.C. 119(e) to a  
The front page of a printed patent issuing on a
continued prosecution application (CPA) filed under
37
CFR 1.53(d) will identify the application number
and filing date of the most recent noncontinued prosecution
application (but not the filing date of the CPA)
as well as all prior applications from which
benefit was claimed in the most recent noncontinued
prosecution application.
 
Where  prior application data, including provisional
application data, is preprinted  on the PALM
bib-data sheet , the examiner should check that data
for accuracy, including whether the application is, in
fact, copending with the prior nonprovisional
application or applications for which benefit
is claimed. Similarly, the application number of any
provisional application for which benefit is claimed
should be printed on the PALM bib-data sheet. If
applicant claims benefit under 35 U.S.C. 119(e) to a  
prior provisional application, and states that the provisional  
prior provisional application, and states that the provisional  
application claims priority to earlier domestic  
application claims priority to earlier domestic  
Line 48: Line 17:
sheet because a provisional application is not entitled  
sheet because a provisional application is not entitled  
to the right of priority of any other application. See  
to the right of priority of any other application. See  
35
[[35_U.S.C.#35_U.S.C._111_Application.|35 U.S.C. 111(b)(7)]].  
U.S.C. 111(b)(7).
 
Where the data is correct, the examiner should initial
the PALM bib-data sheet  in the provided
space. Should there be error in the preprinted
prior application data, the  correction or entry
of the data in the PALM data base can be made by
technical support staff of the
Technology Center.
Upon entry of the data, a new PALM bib-data sheet
should be printed and scanned into the file.
 
The inclusion of  prior application information in
the patent does not necessarily indicate that the
claims are entitled to the benefit of the earlier filing
date.
 
See MPEP § 306 for work done by the Assignment
Division pertaining to these particular types of applications.
 
In the situation in which there has been no reference
to a prior application because the benefit of
its filing date is not desired, no notation as to the
prior application is made on the  PALM bib-
data sheet .
 
202.03Notation on File Wrapper When
Priority Is Claimed for Foreign
Application [R-3]
 
For Image File Wrapper (IFW) processing, see the
IFW Manual. A  PALM bib-data sheet should
include the application number, country (or intellectual
property authority), day, month, and year of each
foreign application that the U.S. application is claiming
the priority of. The examiner should check
this information for accuracy. Should there be error,
the examiner should make the appropriate corrections
directly  on the PALM bib-data sheet, and have the
information corrected in the Office computer systems
by forwarding the information  to the examiner’s
Legal Instrument Examiner, with an explanation of
the correction to be made. The examiner should initial
the PALM bib-data sheet in the “VERIFIED”
space provided when the information is correct or has
been amended to be correct. However, the examiner
must still indicate on the Office action and  on the
PALM bib-data sheet whether the conditions of
35  
U.S.C. 119(a)-(d) or (f) have been met.
 
If the filing dates of several foreign applications are
claimed (see MPEP § 201.15, last paragraph) and
the certified copy of each foreign application has
been received , information respecting each of the
foreign applications is to be entered  on the PALM
bib-data sheet.


The front page of the patent when it is issued, and
The inclusion of prior application information in the patent does not necessarily indicate that the claims are entitled to the benefit of the earlier filing date.
the listing in the Official Gazette, will refer to the  
claim of priority, giving the country, the filing date,
and the number of the foreign application in those
applications in which  the PALM bib-data sheet has
been endorsed.


===202.04 In Oath or Declaration===
===202.04 In Oath or Declaration===


As will be noted by reference to MPEP § 201.14,
37 CFR 1.63 requires that the oath or declaration must identify any foreign application for patent (or inventor's certificate) for which a claim for priority is made pursuant to 37 CFR 1.55, and any foreign application having a filing date before that of the application on which priority is claimed, by specifying the application number, country, day, month, and year of its filing, unless such information is supplied on an application data sheet in accordance with 37 CFR 1.76.
37 CFR 1.63 requires that the oath or declaration  
must identify any foreign application for patent  
(or inventor’s certificate) for which a claim for priority  
is made pursuant to 37 CFR 1.55, and any foreign  
application having a filing date before that of the  
application on which priority is claimed, by specifying  
the application number, country, day, month, and  
year of its filing, unless such information is supplied  
on an application data sheet in accordance with  
37 CFR 1.76.

Latest revision as of 22:46, May 31, 2020

← MPEP 201 ↑ MPEP 200 MPEP 203 →

202 Cross-Noting[edit | edit source]

202.02 Notation in File History Regarding Prior U.S. Applications, Including Provisional Applications[edit | edit source]

The front page of a printed patent identifies all prior applications for which benefits are claimed under 35 U.S.C. 119(e), 120, 121, or 365(c) in continuation-in-part, continuation, divisional, substitute, and reissue applications.

If a patent applicant claims benefit under 35 U.S.C. 119(e) to a prior provisional application, and states that the provisional application claims priority to earlier domestic or foreign application(s), the earlier application(s) should not be reflected on the PALM bib-data sheet because a provisional application is not entitled to the right of priority of any other application. See 35 U.S.C. 111(b)(7).

The inclusion of prior application information in the patent does not necessarily indicate that the claims are entitled to the benefit of the earlier filing date.

202.04 In Oath or Declaration[edit | edit source]

37 CFR 1.63 requires that the oath or declaration must identify any foreign application for patent (or inventor's certificate) for which a claim for priority is made pursuant to 37 CFR 1.55, and any foreign application having a filing date before that of the application on which priority is claimed, by specifying the application number, country, day, month, and year of its filing, unless such information is supplied on an application data sheet in accordance with 37 CFR 1.76.

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