If I amend my claims after normal publication (18 months), I believe my application will get republished again with amended claims.
How long that process would take?
2 Answers
Your application will NOT be republished. The amended claims will be added to the applications file history (called the 'Image File Wrapper' in both Public PAIR and Private PAIR), almost always the same day as they are received. The amended claims are view-able as submitted, and are not incorporated into the body of the application in any way.
The Patent Office will also publish the application with all of the amendments in its final form once the application issues into a Granted Patent.
However, if you would really like to republish an application before Issuance, according to MPEP 1130(I) the Patent Office will republish amended applications if you request it along with:
- The amended application
- A publication fee of $300
- A processing fee (between $70 and $140)
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Thanks Gabriel. Will I get provisional protection, if my amended claims don't get published? I mean it's added to the 'Image File Wrapper' in both Public PAIR and Private PAIR. But not get published. Or provisional protection applicable only to published claims? Dec 4, 2019 at 19:12
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@Giri There really isn't any "provisional protection". If your patent eventually is granted, then you have protection for the granted claims dating back to the provisional filing date. Only the granted claims matter. Published but un-granted claims in applications don't matter in the least.– Eric S ♦Dec 5, 2019 at 15:44
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@EricShain Hi Eric, I think I worded my question poorly. I'm talking about "provisional rights". 35 U.S.C. 154(d) to be precise. It says something like this.
if the invention as claimed in the published patent application is a process, uses, offers for sale, or sells in the United States or imports into the United States products made by that process as claimed in the published patent application. So let me rephrase that question. To claim royalty from the claim published date, do I have to republish it again or sending a notice to the person who copied my work would suffice? Dec 5, 2019 at 16:19 -
@Giri I'm not a lawyer, but if the amended claims become part of the file wrapper and thus publicly available isn't that good enough?– Eric S ♦Dec 5, 2019 at 23:22
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1@Giri I don't know, I doubt that an un-certified email would count. But I do know that there are many legal issues when it comes to notices. You should consult patent attorney on the how and the specific wording of any communications to the potential infringer. Dec 9, 2019 at 19:57
Non provisional patent applications are published 18 months from the effective filing date - You may request to publish earlier than that.
as claimed in the published patent application. I'm not sure whether my amended claims need to be republished again to claim royalty. That's why I asked this question. Thanks