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Only after the issuing of a Final Office Action?one of the following: a final rejection of a patent application, a Notice of Allowance, or an action that otherwise ends prosecution in the application?may one submits a request for an RCE.
The definition for inventorship can be simply stated: ?The threshold question in determining inventorship is who conceived the invention. Unless a person contributes to the conception of the invention, he is not an inventor. ?
A request for continued examination (RCE) under 37 CFR 1.114 is available for a reissue application for reissue of a utility or plant patent filed on or after June 8, 1995. This applies even where the application, which resulted in the original patent, was filed before June 8, 1995.
Some examples of design patents include ornamental designs on jewelry, automobiles or furniture, as well as packaging, fonts and computer icons (such as emojis). Some famous design patent objects include the original curvy Coca-Cola bottle (1915) and the Statue of Liberty (1879).
As long as your nonprovisional patent application is still pending, you can file a design patent application that gets the benefit of your earlier priority date. To accomplish this, your later design filing must include the priority claim discussed below.
This rule applies to both utility and design patent applications. So it is possible to file a design patent continuation application as long as the parent application is still pending.
An inventor is: A person who conceives the subject matter of at least one claim of the patent. Two or more persons who collaborate to produce the invention through aggregate efforts.
An inventor declaration confirms the inventor's belief that they are the original (or joint original) inventor of the claimed invention. If an inventor declaration is not submitted by each inventor before payment of the Issue Fee, the application will be abandoned.
An oath or declaration must: (1) identify the inventor or joint inventor executing the oath or declaration by their legal name; (2) identify the application to which it is directed; (3) include a statement the person executing the oath or declaration believes the named inventor or joint inventors to be the original ...
A Request for Continued Examination (RCE) may only be filed in utility and plant applications, while RCE is not available for design applications. A continued prosecution application (CPA) is available for design applications (and not for utility applications).