Posts Tagged ‘US national stage’
AIA Implementation – 09-16-2012
September 17th, 2012 | 
Author: 
This is another red-letter day in the field of patent prosecution. The last day that was this important was June 8, 1995 when NAFTA and GATT-TRIP became effective in the USPTO.
The America Invents Act (AIA) was signed into law on September 16, 2011 by President Obama. Seven (7) provisions of the AIA went into effect on September 16, 2012. These provisions relate to:
- – Inventor’s oath or declaration;
– Preissuance submission;
– Supplemental examination;
– Citation of patent owner claim scope statements;
– Post-grant review;
– Inter parties review; and
– Covered business method review.
Posted in From the Expert's Quill | 
Tags: ADS, AIA, AIA changes, AIA implementation, America Invents Act, Application Data Sheet, best practices, continuation, declaration, Docketing, From the Expert's Quill, Intellectual Property, IP, IP Prosecution, paralegal services, patent, patent filing, patent paralegal education, patent paralegals education, patent procedure, patent prosecution, PCT timeline; PCT; National Phase; National Stage; IP; Inellectual Prperty;, Prosecution Paralegal, PTO, US national phase, US national stage, USPTO | 
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When is that application due?
**This article is an update of the IPconnect blog article dated October 14th, 2010 and supersedes that article.**
You have a provisional application that was filed on June 15, 2012 and your client wants to file both a U.S. utility and a PCT application claiming priority to the provisional. June 15, 2013 is a Saturday, so you think that you can file both applications on Monday, June 17, 2013 because of the Sat/Sun/Holiday rule in the US, right?
What is a “BYPASS APPLICATION?”
The name “Bypass Application” came about by how a US/PCT application is filed – i.e., when a bypass application is filed, the National Stage of a PCT application is bypassed. Simply put, instead of filing a regular US national phase application, a new US application that is a continuation or continuation-in-part of the previously-filed & currently pending PCT application (with at least one common inventor) is filed. Additional requirements also apply and should be reviewed before the filing of an application.