Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[JWW]

What is the proper way to claim the priority date of a PPA one has previously filed when filing a RPA?  Is it true that you have to file an amendment with your RPA, even if you state "this application claims the benefit of PPA ser. Nr. xx/..." in the "cross-reference to related applicaitons" seciton of your specification?  

Thanks

[Jonathan]

First of all, for the non-patent professional reading this thread, PPA stands for provisional patent application and RPA refers to regular patent application.

Here is one way to phrase a priority claim:

"This application claims the benefit of U.S. Patent Provisional Application No. 60/xxx,xxx filed on ____ and is incorporated herein by reference."

There are, of course, variations that will get the job done so there is no one proper way to do it. I would advise that you include the priority information in your utility / RPA transmittal paperwork to make sure it is noticed as opposed to just including it in the patent application specification.

The regular patent application does not require an amendment if it included a cross-reference to related applications section.

In the circumstance where one wishes to convert a provisional application to a utility application (that is, request for a previously filed provisional to be changed to a utility application), then yes, one should file an amendment to include the priority claim.