MPEP § 203.08 — Status Inquiries (Annotated Rules)
§203.08 Status Inquiries
This page consolidates and annotates all enforceable requirements under MPEP § 203.08, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Status Inquiries
This section addresses Status Inquiries. Primary authority: 37 CFR 1.14 and 37 CFR 1.113. Contains: 1 guidance statement, 1 permission, and 8 other statements.
Key Rules
Petition to Revive (37 CFR 1.137)
Applicants are encouraged to use Patent Center to make status inquiries. See subsection I, above. A stamped postcard receipt or Electronic Acknowledgement Receipt for replies to Office actions, adequately and specifically identifying the papers filed, will be considered prima facie proof of receipt of such papers. See MPEP § 503. Where such proof indicates the timely filing of a reply, the submission of a copy of the postcard or Electronic Acknowledgement Receipt with a copy of the reply will ordinarily obviate the need for a petition to revive. Proof of receipt of a timely reply to a final action will obviate the need for a petition to revive only if the reply was in compliance with 37 CFR 1.113. See also www.uspto.gov/patents/apply/ checking-application-status/e-office-action-program.
Applicants are encouraged to use Patent Center to make status inquiries. See subsection I, above. A stamped postcard receipt or Electronic Acknowledgement Receipt for replies to Office actions, adequately and specifically identifying the papers filed, will be considered prima facie proof of receipt of such papers. See MPEP § 503. Where such proof indicates the timely filing of a reply, the submission of a copy of the postcard or Electronic Acknowledgement Receipt with a copy of the reply will ordinarily obviate the need for a petition to revive. Proof of receipt of a timely reply to a final action will obviate the need for a petition to revive only if the reply was in compliance with 37 CFR 1.113. See also www.uspto.gov/patents/apply/ checking-application-status/e-office-action-program.
Applicants are encouraged to use Patent Center to make status inquiries. See subsection I, above. A stamped postcard receipt or Electronic Acknowledgement Receipt for replies to Office actions, adequately and specifically identifying the papers filed, will be considered prima facie proof of receipt of such papers. See MPEP § 503. Where such proof indicates the timely filing of a reply, the submission of a copy of the postcard or Electronic Acknowledgement Receipt with a copy of the reply will ordinarily obviate the need for a petition to revive. Proof of receipt of a timely reply to a final action will obviate the need for a petition to revive only if the reply was in compliance with 37 CFR 1.113. See also www.uspto.gov/patents/apply/ checking-application-status/e-office-action-program.
Applicants are encouraged to use Patent Center to make status inquiries. See subsection I, above. A stamped postcard receipt or Electronic Acknowledgement Receipt for replies to Office actions, adequately and specifically identifying the papers filed, will be considered prima facie proof of receipt of such papers. See MPEP § 503. Where such proof indicates the timely filing of a reply, the submission of a copy of the postcard or Electronic Acknowledgement Receipt with a copy of the reply will ordinarily obviate the need for a petition to revive. Proof of receipt of a timely reply to a final action will obviate the need for a petition to revive only if the reply was in compliance with 37 CFR 1.113. See also www.uspto.gov/patents/apply/ checking-application-status/e-office-action-program.
Customer Number Practice
Status information relating to patent applications is available through the USPTO patent electronic filing system (Patent Center, which has a private view and a public view). Patent Center public view provides access to all issued patents and published patent applications. Private view allows registered users to access application information that has not been made public in addition to what is also available in public view. Viewing non-public information in Patent Center private view requires that the application or patent be associated with the viewer’s Customer Number. See MPEP § 403 for Customer Number practice.
Status information relating to patent applications is available through the USPTO patent electronic filing system (Patent Center, which has a private view and a public view). Patent Center public view provides access to all issued patents and published patent applications. Private view allows registered users to access application information that has not been made public in addition to what is also available in public view. Viewing non-public information in Patent Center private view requires that the application or patent be associated with the viewer’s Customer Number. See MPEP § 403 for Customer Number practice.
Status information relating to patent applications is available through the USPTO patent electronic filing system (Patent Center, which has a private view and a public view). Patent Center public view provides access to all issued patents and published patent applications. Private view allows registered users to access application information that has not been made public in addition to what is also available in public view. Viewing non-public information in Patent Center private view requires that the application or patent be associated with the viewer’s Customer Number. See MPEP § 403 for Customer Number practice.
Status information relating to patent applications is available through the USPTO patent electronic filing system (Patent Center, which has a private view and a public view). Patent Center public view provides access to all issued patents and published patent applications. Private view allows registered users to access application information that has not been made public in addition to what is also available in public view. Viewing non-public information in Patent Center private view requires that the application or patent be associated with the viewer’s Customer Number. See MPEP § 403 for Customer Number practice.
Access to Patent Application Files (MPEP 101-106)
If the correspondent is not entitled to the information, in view of 37 CFR 1.14, the correspondent should be so informed.
Notice of Allowance Form and Content
A Notice of Allowability, Form PTOL-37, is routinely mailed in every application determined to be allowable. Thus, the mailing of a form PTOL-37 in addition to a formal Notice of Allowance and Fee(s) Due (PTOL-85) in all allowed applications would seem to obviate the need for status inquiries even as a precautionary measure where the applicant may believe the new application may have been passed to issue on the first examination. However, as an exception, a status inquiry would be appropriate where a Notice of Allowance (PTOL-85) is not received within three months from receipt of form PTOL-37.
Citations
| Primary topic | Citation |
|---|---|
| Petition to Revive (37 CFR 1.137) | 37 CFR § 1.113 |
| Access to Patent Application Files (MPEP 101-106) | 37 CFR § 1.14 |
| – | MPEP § 102 |
| – | MPEP § 1730 |
| – | MPEP § 203.08(a) |
| Customer Number Practice | MPEP § 403 |
| Petition to Revive (37 CFR 1.137) | MPEP § 503 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 203.08 — Status Inquiries
Source: USPTO203.08 Status Inquiries [R-01.2024]
I. IN GENERALStatus information relating to patent applications is available through the USPTO patent electronic filing system (Patent Center, which has a private view and a public view). Patent Center public view provides access to all issued patents and published patent applications. Private view allows registered users to access application information that has not been made public in addition to what is also available in public view. Viewing non-public information in Patent Center private view requires that the application or patent be associated with the viewer’s Customer Number. See MPEP § 403 for Customer Number practice.
Applicants and other persons seeking status information regarding an application should check Patent Center on the Office website at www.uspto.gov/PatentCenter. Alternatively, the requester may contact the Application Assistance Unit (AAU) (see MPEP § 1730, subsection VI.C.). The AAU will check the relevant Office records and will inform the requester whether the application has been published or has issued as a patent. If the application has been published, the AAU will inform the requester of the publication number and publication date, and if the application has issued as a patent, the AAU will inform the requester of the patent number, issue date and classification. If the application has not been published, but is pending or abandoned then the AAU determines whether the requester is entitled to such information. See MPEP § 102 for additional information.
If the correspondent is not entitled to the information, in view of 37 CFR 1.14, the correspondent should be so informed.
For Congressional and other official inquiries, see MPEP § 203.08(a).
II. NEW APPLICATIONA Notice of Allowability, Form PTOL-37, is routinely mailed in every application determined to be allowable. Thus, the mailing of a form PTOL-37 in addition to a formal Notice of Allowance and Fee(s) Due (PTOL-85) in all allowed applications would seem to obviate the need for status inquiries even as a precautionary measure where the applicant may believe the new application may have been passed to issue on the first examination. However, as an exception, a status inquiry would be appropriate where a Notice of Allowance (PTOL-85) is not received within three months from receipt of form PTOL-37.
III. AMENDED APPLICATIONSAmended applications are expected to be taken up by the examiner and an action completed within two months of the date the examiner receives the application. Accordingly, a status inquiry is not in order after reply by the attorney until 5 or 6 months have elapsed with no response from the Office. However, in the event that a six month period has elapsed, and no response from the Office is received, applicant should inquire as to the status of the application to avoid potential abandonment.
Applicants are encouraged to use Patent Center to make status inquiries. See subsection I, above. A stamped postcard receipt or Electronic Acknowledgement Receipt for replies to Office actions, adequately and specifically identifying the papers filed, will be considered prima facie proof of receipt of such papers. See MPEP § 503. Where such proof indicates the timely filing of a reply, the submission of a copy of the postcard or Electronic Acknowledgement Receipt with a copy of the reply will ordinarily obviate the need for a petition to revive. Proof of receipt of a timely reply to a final action will obviate the need for a petition to revive only if the reply was in compliance with 37 CFR 1.113. See also www.uspto.gov/patents/apply/ checking-application-status/e-office-action-program.