FAQs Patent Questions

Question:Patent applicants must clearly point out why he/she thinks the amended claims are patentable

Answer:
In amending an application in reply to a rejection, the applicant must clearly point out why he/she thinks the amended claims are patentable in view of the state of the art disclosed by the prior references cited or the objections made. He/she must also show how the claims as amended avoid such references or objections.

Question:When Filing a continuation or divisional application a copy of the oath filed may be used.

Answer:
A declaration does not need to be notarized. When filing a continuation or divisional application a copy of the oath or declaration filed in the earlier application may be used.

Question:A patent claim listing is required for preliminary amendments present on the filing date.

Answer:
Yes, a claim listing of every claim ever presented in the application is required, even for preliminary amendments present on the filing date of the application. The status identifier, (new), instead of (original), should be used for claims added by a preliminary amendment, even when the preliminary amendment is present on the filing date of the application and the first executed oath or declaration refers to the preliminary amendment.

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