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…

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What 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…

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What 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…

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How 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…

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How 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…

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What 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…

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