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A "continuation application" is a patent application filed by an applicant who wants to pursue additional claims to an invention disclosed in an earlier application of the applicant (the "parent" application) that has not yet been issued or abandoned. The continuation uses the same specification as the pending parent application, claims the ...
The MPEP is available in both PDF and HTML versions. [2] The current version of the MPEP is the 9th Edition, which was released in March 2014. The MPEP has traditionally been available in paper form , but electronic versions are now used more often, particularly because an applicant only may consult the electronic versions while taking the ...
The original patent term under the 1790 Patent Act was decided individually for each patent, but "not exceeding fourteen years". The 1836 Patent Act (5 Stat. 117, 119, 5) provided (in addition to the fourteen-year term) an extension "for the term of seven years from and after the expiration of the first term" in certain circumstances, when the inventor hasn't got "a reasonable remuneration for ...
Under U.S. law, a provisional application, as such, is never examined by the United States Patent and Trademark Office (USPTO), and therefore never becomes a patent on its own (unless the provisional patent application is later converted into a non-provisional patent application by the applicant, and then the application is examined as a non ...
However, the first applicant to file has the prima facie right to the grant of a patent. Under the first-to-invent system, when two people claim the same invention, the USPTO would conduct an interference proceeding between them to review evidence of conception, reduction to practice, and diligence. Interference can be an expensive and time ...
Divisional applications are generally used in cases where the parent application may lack unity of invention; that is, the parent application describes more than one invention and the applicant is required to split the parent into one or more divisional applications each claiming only a single invention.