rejection of a US utility patent application.
Posted: Tue Dec 24, 2024 8:36 am
How likely is it for a US national - Step 1: Will your Patent Application be Rejected?
Perhaps a fitting motto for US patent prosecution is “Expect the worst and hope for the best.” Over 90% of first-time applicants will be rejected. A second rejection is 50% likely after the first Office Action on the ground has been responded to. Therefore, it would not be unusual to receive a
An additional government fee will likely be required along with a Request for Continued Examination (RCE) that must be filed in response to an Office Action response if there is a second denial, which is usually the Office's Final Action. In some cases, additional government fees may be avoided if the Examiner is willing to accept a post-final response known as an AFCP response. The results of the potential modifications and arguments to the claim can be evaluated as well as whether an AFCP response would be appropriate using an examiner interview.
Is the National Phase the US Single Point of Entry for a PCT Application?
No, a bypass application is a different way to enter the US than a PCT Croatia Phone Number Library application. To claim domestic priority for the PCT application as if it were a non-provisional US parent application, a bypass application is filed as a US continuing application. That is, the bypass is a US child application but the PCT is a US parent application. PCT applicants can file two different bypass continuing petitions in the US:
Bypass Continue – appropriate when no new content is being added.
CIP Bypass ( Partial Continuation)– appropriate when adding new material from the PCT application to the US application.
How is Bypass Similar to the National PCT Stage?
There are many similarities between bypass applications and US national stage applications including:
Same deadline (30 months from priority date)
First, file using the PCT publication application.
Preserving the same priority dates
Patent term expires (unless you only claim foreign priority and not domestic priority, in which case the patent term will be longer)
About PCT Application
What is PCT?
Perhaps a fitting motto for US patent prosecution is “Expect the worst and hope for the best.” Over 90% of first-time applicants will be rejected. A second rejection is 50% likely after the first Office Action on the ground has been responded to. Therefore, it would not be unusual to receive a
An additional government fee will likely be required along with a Request for Continued Examination (RCE) that must be filed in response to an Office Action response if there is a second denial, which is usually the Office's Final Action. In some cases, additional government fees may be avoided if the Examiner is willing to accept a post-final response known as an AFCP response. The results of the potential modifications and arguments to the claim can be evaluated as well as whether an AFCP response would be appropriate using an examiner interview.
Is the National Phase the US Single Point of Entry for a PCT Application?
No, a bypass application is a different way to enter the US than a PCT Croatia Phone Number Library application. To claim domestic priority for the PCT application as if it were a non-provisional US parent application, a bypass application is filed as a US continuing application. That is, the bypass is a US child application but the PCT is a US parent application. PCT applicants can file two different bypass continuing petitions in the US:
Bypass Continue – appropriate when no new content is being added.
CIP Bypass ( Partial Continuation)– appropriate when adding new material from the PCT application to the US application.
How is Bypass Similar to the National PCT Stage?
There are many similarities between bypass applications and US national stage applications including:
Same deadline (30 months from priority date)
First, file using the PCT publication application.
Preserving the same priority dates
Patent term expires (unless you only claim foreign priority and not domestic priority, in which case the patent term will be longer)
About PCT Application
What is PCT?