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United States Patent and Trademark Office › Provisional Applications › Priority Patent Claims

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Foster Swift Collins & Smith

IP Monday: Provisional vs. Non-Provisional Patents — When to File What

Foster Swift Collins & Smith on

In the U.S., patent rights generally go to the first inventor to file — not the first to invent. Filing early secures your place in line. But the type of application you choose (provisional vs. non-provisional) can...more

Foley & Lardner LLP

USPTO Says Prior Art Date of AIA Patents is Not Limited By Dynamic Drinkware

Foley & Lardner LLP on

When Dynamic Drinkware was decided in 2015, commentators debated whether differences in the language of the American Invents Act (AIA) version of 35 USC § 102 would shield AIA patents from its restrictions. Now, U.S. Patent...more

Mintz - Intellectual Property Viewpoints

Understanding Priority Claims for U.S. Patent Applications: Part 1

Mintz - Intellectual Property Viewpoints on

This article is first in a two-part series focusing on various issues related to priority claims in U.S. patent applications. Part 1 is a general overview of how to make a proper priority claim, without addressing how to...more

Foley & Lardner LLP

Federal Circuit Finds Incorporation By Reference Inadequate For Priority Claim

Foley & Lardner LLP on

In Droplets, Inc. v. E*Trade Bank, the Federal Circuit affirmed the decision of the USPTO Patent Trial and Appeal Board (PTAB) that Droplet’s patent was not entitled to the priority date of a provisional application because...more

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