How do you file the divisional, continuation, CIP, etc? Is it the same process as a normal non-provisional patent application, the only difference would be the ADS filing language?
The filing process, I'm not too familiar with, I could have you chat with our paralegal to get some specifics. I do believe the burden is less than filing an original NPA, because (at least in part) the specification from the parent NPA is being referenced. Send me an email at jd@boldip.com if you've got any confidential follow-up questions.
hi can any one guide me how to file the divisional patent application step by step.I chose the wrong claims for my patent now I was told to file the divisional patent application and choose the correct claims but no one told me how as in uspto I don't see any option called divisional ?
Yes, it can. The main difference is the claim set. Often, everything is the exact same (written description, figures, etc.) it's the numbered set of claims that is different. Same invention, just claimed differently.
I filed a Divisional application along with the parent but now I am told that the Divisional application will be examined only after 1 year. Is it not possible to get both cleared simultaneously?
If you didn't file your application with priority examination (Track one) or petition to make the application special, then that estimate sounds about right. Each art unit has their own backlog. When the USPTO provides estimates on "first action" (if that's what you're talking about), they do tend to be conservative with their estimates, so you may end up actually hearing back in 9 months or so. Email me anything you'd like I'll take a peak and give you my take on it: jd@boldip.com.
@@boldpatents Thanks. Both Groups were filed together but only first set was processed. Waiting 1 more year for 2nd group is just not good business 🙄 Entertainers get lifetime protection... Inventors bearly get 10 years!
Divisional patent applications are by definition claiming different subject matter than the parent application. Therefore, a rejection of the parent cannot be a rejection of the child. That said, it is probable the some/all of the prior art cited by the examiner against the parent will be used by the examiner of the divisional/child patent application.
How do you file the divisional, continuation, CIP, etc? Is it the same process as a normal non-provisional patent application, the only difference would be the ADS filing language?
The filing process, I'm not too familiar with, I could have you chat with our paralegal to get some specifics. I do believe the burden is less than filing an original NPA, because (at least in part) the specification from the parent NPA is being referenced. Send me an email at jd@boldip.com if you've got any confidential follow-up questions.
Does the divisional application use the original abstract?
It uses the original specification, yes!
hi can any one guide me how to file the divisional patent application step by step.I chose the wrong claims for my patent now I was told to file the divisional patent application and choose the correct claims but no one told me how as in uspto I don't see any option called divisional ?
I tried to cover that in this video. If you need more, here's my blog article on it: boldip.com/continuation-divisional-patent-applications/
Can divisional applucation have the same title as the parent?
Yes, it can. The main difference is the claim set. Often, everything is the exact same (written description, figures, etc.) it's the numbered set of claims that is different. Same invention, just claimed differently.
I filed a Divisional application along with the parent but now I am told that the Divisional application will be examined only after 1 year.
Is it not possible to get both cleared simultaneously?
If you didn't file your application with priority examination (Track one) or petition to make the application special, then that estimate sounds about right. Each art unit has their own backlog. When the USPTO provides estimates on "first action" (if that's what you're talking about), they do tend to be conservative with their estimates, so you may end up actually hearing back in 9 months or so. Email me anything you'd like I'll take a peak and give you my take on it: jd@boldip.com.
@@boldpatents Thanks. Both Groups were filed together but only first set was processed. Waiting 1 more year for 2nd group is just not good business 🙄
Entertainers get lifetime protection... Inventors bearly get 10 years!
Can divisional patent have different title from the parent one?
Yes, as long as it follows all other rules laid out in 35 USC 121.
@@boldpatents Thanks a lot
@@mitpatel7595 you are welcome - let me know if you have any confidential Followup questions. Send to jd@boldip.com
Please let me know if you're ever looking for a patent proofreader. I have 5 years experience.
If non-provisional application gets rejected, will other two divisional application be also rejected or what??
Divisional patent applications are by definition claiming different subject matter than the parent application. Therefore, a rejection of the parent cannot be a rejection of the child. That said, it is probable the some/all of the prior art cited by the examiner against the parent will be used by the examiner of the divisional/child patent application.
@@boldpatents Thank you, sir!
Can the divisional patent application have the same title as the parent?
do you have a website or email to contact, i have a few questions
Absolutely! Feel free to contact us on our website page: boldip.com/contact/ or shoot me a direct email at jd@boldip.com