TMEP 1208.02(a): Examination of Application with Earliest Effective Filing Date

October 2017 Edition of the TMEP

Previous: §1208.02 | Next: §1208.02(b)

1208.02(a)    Examination of Application with Earliest Effective Filing Date

When the application with the earliest effective filing date is first reviewed for action, the examining attorney should approve the application for publication or for issuance of a registration on the Supplemental Register, if appropriate. 37 C.F.R. §2.83(a).

If the application with the earliest effective filing date is not in condition for publication or issue, the examining attorney should issue an Office action that includes all relevant refusals and requirements.

The USPTO does not notify applicants of potentially conflicting later-filed applications.

See TMEP §§206-206.03 and 1208.01(b) regarding what constitutes an effective filing date.