How are papers containing security markings like “Secret” or “Confidential” treated by the USPTO?
The MPEP states: All applications or papers, including non-patent literature, in the U.S. Patent and Trademark Office bearing words such as “Secret,” “Confidential,” “ITAR” or similar must be promptly referred to Licensing and Review for clarification or security treatment. These papers cannot be placed in public records like patented files until the security markings are…
Read MoreAre reserved MPEP sections common?
Reserved sections are relatively common in the MPEP, especially for section numbers that are being held for future use or that previously contained content that was moved. A quick scan of the MPEP Chapter 200 shows several reserved sections, such as: Section 203.07 [Reserved] Sections 204-209 [Reserved] Section 212 [Reserved]
Read MoreWhy would an MPEP section be reserved?
An MPEP section may be marked as [Reserved] for several reasons: The topic is not currently relevant but a section is being held for potential future use The section was previously used but the content was moved elsewhere in the MPEP The section is a placeholder to maintain a desired numbering scheme
Read MoreWhat happens to patent applications subject to a Secrecy Order at the USPTO?
Applications subject to a Secrecy Order will be: Deleted from any image file system within the USPTO Converted to paper Held with Licensing and Review Transferred to a designated examiner for examination
Read MoreHow should a joint research agreement be recorded with the USPTO?
To record a joint research agreement with the USPTO, follow these steps based on 37 CFR 3.11(c) and 37 CFR 3.31(g): Prepare either a copy of the joint research agreement or an excerpt of it. Complete a cover sheet that includes: Identification of the document as a “joint research agreement” in the space for describing…
Read MoreWhat are the requirements for submitting an assignment document electronically to the USPTO?
To submit an assignment document electronically to the USPTO, the following requirements must be met: The document must be submitted via the Electronic Patent Assignment System (EPAS) An identified application or patent number must be included One cover sheet must be completed online to record a single transaction The signature on the cover sheet must…
Read MoreHow can I correct a returned assignment document at the USPTO?
If your assignment document is returned by the USPTO Assignment Division, you can correct it as follows: The returned document will be stamped with the original receipt date. It will come with a letter specifying a time period for correction and resubmission. If resubmitted within this period, the original receipt date may be considered the…
Read MoreAre attorney’s liens against patents or patent applications recordable at the USPTO?
No, attorney’s liens against patents or patent applications are not accepted for recording at the USPTO. This is explicitly stated in the MPEP: “Documents that are not accepted for recording include attorney’s liens against patents or patent applications. See In re Refusal of Assignment Branch to Record Attorney’s Lien, 8 USPQ2d 1446 (Comm’r Pat. 1988).”…
Read MoreWhat notice requirements exist for patent arbitration awards?
When an arbitration award is made involving a patent, there are specific notice requirements as outlined in 35 U.S.C. 294(d) and 37 CFR 1.335. Key points include: The patentee, assignee, or licensee must provide written notice to the USPTO Director. A separate notice is required for each patent involved. The notice must include names and…
Read MoreWhat happens if an electronically submitted assignment document is not recordable?
If an assignment document submitted electronically through the Electronic Patent Assignment System (EPAS) is determined to be not recordable, the following process occurs: The entire document, along with its associated cover sheet, will be returned to the sender. An Office “Notice of Non-Recordation” will be transmitted back to the sender via fax, if possible. The…
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