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DOC/PTO | RIN: 0651-AD77 | Publication ID: Fall 2024 |
Title: Changes to Practice for Continuation-in-Part Applications and Progeny of Continuation-in-Part Applications | |
Abstract:
As part of its continuing efforts to ensure the robustness and reliability of patent rights to incentivize and protect new and nonobvious inventions while facilitating the broader dissemination of public knowledge to promote innovation and competition, the United States Patent and Trademark Office (USPTO or Office) revises the rules of practice for continuation-in-part patent applications and progeny of continuation-in-part applications. Specifically, the USPTO proposes to require submission of a support document in an original utility or plant nonprovisional application that is a continuation-in-part application or a progeny application (an application that claims benefit of a prior-filed continuation-in-part application) when filing the application, when presenting a benefit or priority claim in the application or a patent issued from the application, and when presenting claim amendments in the application. The support document would identify the earliest filing date that the applicant or patentee seeks for each claim, and also point out support for the claimed invention in the present application or patent, and in any prior-filed application to which the present application or patent claims benefit or priority. The USPTO also proposes to require submission of a disclosure document in an original utility, plant, or design nonprovisional continuation-in-part application when filing the application, and when presenting a benefit claim in the application or a patent that issued from the application. The disclosure document would identify and explain how the disclosure of the application differs from that of its immediate parent applications. The information in the proposed documents will improve the public notice function of patent claims, and focus the preparation and examination of continuation-in-part and progeny patent applications, by clarifying the effective filing date and support for the claims, and facilitating the efficient determination of claim scope. |
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Agency: Department of Commerce(DOC) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 37 CFR 1 | |
Legal Authority: 35 U.S.C. 2(b)(2) |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Kristie Mahone Senior Legal Advisor Department of Commerce Patent and Trademark Office P.O. Box 1450, Alexandria, VA 22313-1450 Phone:571 272-9016 Email: kristie.mahone@uspto.gov |