How can I make a Freedom of Information Act (FOIA) request for USPTO records?
To make a Freedom of Information Act (FOIA) request for USPTO records: Submit a written request to the USPTO FOIA Officer: Address: United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450 Mark the letter and envelope ‘Freedom of Information Act Request’ Describe the requested records in detail: Include specific information such as…
Read MoreWhat is the confidentiality status of patent applications?
Patent applications are generally kept confidential by the USPTO until they are published or granted. As stated in 35 U.S.C. 122(a): “Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner…
Read MoreWhat are the filing date requirements for nonprovisional applications under the Patent Law Treaties Implementation Act?
The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013. The key changes are: Nonprovisional applications (except for design patent applications) no longer require at least one claim or any drawings to receive a filing date. For…
Read MoreHow does the USPTO verify an assignee’s right to inspect a patent application?
The USPTO verifies an assignee’s right to inspect a patent application through documentation. As per MPEP 106.01, the assignee must provide either a copy of the assignment recorded in the USPTO or other evidence of ownership. This documentation is necessary to establish the assignee’s legal right to access the confidential information contained in the patent…
Read MoreHow does the USPTO handle facsimile transmissions for dating purposes?
The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3): Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the…
Read MoreHow are electronically filed submissions dated by the USPTO?
The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4): Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which…
Read MoreWhat happens if the USPTO receives a document without a date of receipt stamp?
If the USPTO receives a document without a date of receipt stamp, the Office will assign the document a date of receipt based on other evidence. This may include: The date of receipt indicated on an Express Mail label The date of deposit indicated on a certificate of mailing The date of transmission indicated on…
Read MoreWhat is the date of receipt stamp for USPTO correspondence?
The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods: Mail (except Priority Mail Express®) Facsimile EFS-Web Hand-carried to the Customer Service Window As stated in the MPEP: The United States Patent and…
Read MoreHow does the USPTO handle correspondence received on weekends or holidays?
The USPTO does not receive or process correspondence on Saturdays, Sundays, or Federal holidays within the District of Columbia, with some exceptions. According to 37 CFR 1.6(a)(1): The Patent and Trademark Office is not open for the filing of correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of…
Read MoreHow are Priority Mail Express® submissions dated by the USPTO?
Priority Mail Express® submissions to the USPTO are treated differently in terms of dating. According to 37 CFR 1.6(a)(2): Correspondence filed in accordance with § 1.10 will be stamped with the date of deposit as Priority Mail Express® with the United States Postal Service. This means that new patent applications filed using Priority Mail Express®…
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