Q: What resources are available on the USPTO website?

The USPTO website ( www.uspto.gov ) offers a wide range of resources and information for users. These include: News and notices (announcements, press releases, Official Gazette Notices, Federal Register Notices) USPTO contacts and addresses Educational resources (PTDL program, Kids Pages) Patent-specific information (issued patents, published applications, filing guidelines) Trademark-specific information (Trademark Manual of Examining Procedure, U.S. Trademark Electronic Search System) Downloadable USPTO forms Ordering copies of patents and trademarks Fee information and payment options Legal materials and related websites As stated in the MPEP: The USPTO website (www.uspto.gov) provides a wealth of information to all users. This comprehensive resource is designed to assist various stakeholders in navigating the patent and trademark processes. To learn more: USPTO Website Patent Resources Trademark Resources Online Information

Q: When must an applicant provide a certified translation for a foreign benefit application?

According to MPEP 2304.01(c) , an applicant must provide a certified translation of a foreign benefit application when: The foreign benefit application or PCT application is not filed in English The examiner requires the applicant to file a certified translation The applicant wants to be accorded the benefit of the non-English language application The MPEP states: "If no certified translation is in the official record for the application, the examiner must require the applicant to file a certified translation. The applicant should provide the required translation if applicant wants the application to be accorded benefit of the non-English language application." To learn more: certified translation foreign benefit application patent examination non-English application

Question 1

What happens if the certified copy of the foreign application is filed after the issue fee is paid?

Accepted Answer

If the certified copy of the foreign application is filed after the issue fee is paid but before the patent is granted, the following occurs:

The priority claim or certified copy will be placed in the file record
There will be no review of the papers
The published patent will not include the priority claim

To have the priority claim considered after publication, a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323 must be filed. For original applications filed under 35 U.S.C. 111(a), additional requirements may apply, such as a petition to accept an unintentionally delayed priority claim.

This is outlined in MPEP 215.03.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on certified copy, visit: certified copy.

For more information on issue fee, visit: issue fee.

Question 2

What is the time limit for filing a certified copy of a foreign application in a U.S. patent application?

Accepted Answer

For applications filed under 35 U.S.C. 111(a) on or after March 16, 2013, 37 CFR 1.55(f)(1) sets the time limit for filing a certified copy of the foreign application. The certified copy must be filed within the later of:

Four months from the actual filing date of the application, or
Sixteen months from the filing date of the prior foreign application

This time limit does not apply to design applications. For international applications entering the national stage under 35 U.S.C. 371, the time limit is set forth in 37 CFR 1.55(f)(2).

It's important to note that there are exceptions to these time limits, as provided in 37 CFR 1.55(h), (i), and (j).

For more information on certified copy, visit: certified copy.

For more information on foreign priority, visit: foreign priority.

For more information on time limit, visit: time limit.

Question 3

What is the 'certified copy' of a foreign application?

Accepted Answer

A certified copy of a foreign application is a copy of the original foreign application with a certification by the patent office of the foreign country in which it was filed. According to the MPEP, "Certified copies ordinarily consist of a copy of the specification and drawings of the applications as filed with a certificate of the foreign patent office giving certain information." It's important to note that a copy of the certified copy filed by the applicant will not satisfy the requirement for a certified copy.

Question 4

What is the time limit for filing a certified copy of a foreign application?

russ.krajec@blueironip.com · Accepted Answer

The time limit for filing a certified copy of a foreign application depends on the type of application:

For applications under 35 U.S.C. 111(a): A certified copy of the foreign application must be filed within the later of four months from the actual filing date of the application, or sixteen months from the filing date of the prior foreign application, as stated in 37 CFR 1.55(f)(1).
For applications under 35 U.S.C. 371 (national stage applications): A certified copy of the foreign application must be filed within the time limit set forth in the PCT and the Regulations under the PCT, as per 37 CFR 1.55(f)(2).

If these time limits are not met, a petition including a showing of good and sufficient cause for the delay and the petition fee set forth in § 1.17(g) must accompany the certified copy.

To learn more:

37 CFR 1.55

Question 5

What is the process for requesting the U.S. Receiving Office to prepare and transmit a certified copy of a priority document?

Accepted Answer

If your earlier filed application was filed with the U.S. Patent and Trademark Office (USPTO), you can request the U.S. Receiving Office (RO/US) to prepare and transmit a certified copy of the earlier application to the International Bureau (IB). The process is as follows:

Check the appropriate box on Form PCT/RO/101 (the Request form) when filing your international application.
For applications filed on or after August 31, 2007, the RO/US will electronically transmit the certified copy if requested under PCT Rule 17.1(b) and 37 CFR 1.451(b).
The fee for this service has been waived for electronically filed applications.

The MPEP states: "If the earlier filed application was filed with the U.S. Patent and Trademark Office, the applicant may request the U.S. Receiving Office (RO/US) to prepare, and transmit to the IB, a certified copy of the earlier application. The request (Form PCT/RO/101) contains a box which can be checked requesting that the receiving Office prepare the certified copy."

It's important to note that transmission may be delayed or prevented if no inventor common to the priority application is named in the international application or if the national security review is not complete.

To learn more:

Question 6

What resources are available on the USPTO website?

Accepted Answer

The USPTO website (www.uspto.gov) offers a wide range of resources and information for users. These include:

News and notices (announcements, press releases, Official Gazette Notices, Federal Register Notices)
USPTO contacts and addresses
Educational resources (PTDL program, Kids Pages)
Patent-specific information (issued patents, published applications, filing guidelines)
Trademark-specific information (Trademark Manual of Examining Procedure, U.S. Trademark Electronic Search System)
Downloadable USPTO forms
Ordering copies of patents and trademarks
Fee information and payment options
Legal materials and related websites

As stated in the MPEP: The USPTO website (www.uspto.gov) provides a wealth of information to all users. This comprehensive resource is designed to assist various stakeholders in navigating the patent and trademark processes.

To learn more:

Question 7

How does the requirement for certified translations affect interference proceedings?

Accepted Answer

The requirement for certified translations can significantly impact interference proceedings. MPEP 2304.01(c) references specific regulations related to interference proceedings:

"See 37 CFR 41.154(b) and 41.202(e)."

These regulations stipulate that in interference proceedings, a certified translation of the foreign priority document must be provided. The MPEP further clarifies:

"Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action, 37 CFR 41.154(b) and 41.202(e)."

This means that to establish priority in an interference proceeding based on a foreign application, the applicant must provide a certified English translation before the interference is declared.

To learn more:

Question 8

Which International Searching Authorities can perform a Supplementary International Search?

Accepted Answer

Not all International Searching Authorities (ISAs) can perform a Supplementary International Search (SIS). According to PCT Rule 45bis.9(a):

An International Searching Authority shall be competent to carry out supplementary international searches if its preparedness to do so is stated in the applicable agreement under Article 16(3)(b), subject to any limitations and conditions set out in that agreement.

However, there is an important restriction outlined in PCT Rule 45bis.9(b):

The International Searching Authority carrying out the international search under Article 16(1) in respect of an international application shall not be competent to carry out a supplementary international search in respect of that application.

This means that the ISA that performed the main international search cannot be chosen to perform the SIS for the same application.

To learn more:

Question 9

When must an applicant provide a certified translation for a foreign benefit application?

Accepted Answer

According to MPEP 2304.01(c), an applicant must provide a certified translation of a foreign benefit application when:

The foreign benefit application or PCT application is not filed in English
The examiner requires the applicant to file a certified translation
The applicant wants to be accorded the benefit of the non-English language application

The MPEP states: "If no certified translation is in the official record for the application, the examiner must require the applicant to file a certified translation. The applicant should provide the required translation if applicant wants the application to be accorded benefit of the non-English language application."

To learn more:

Question 10

What is the difference between a "substantial new question of patentability" and a "prima facie case of unpatentability"?

Accepted Answer

The concepts of a "substantial new question of patentability" (SNQ) and a "prima facie case of unpatentability" are distinct in patent law, particularly in the context of reexamination proceedings. According to MPEP 2242:

It is not necessary that a 'prima facie' case of unpatentability exist as to the claim in order for 'a substantial new question of patentability' to be present as to the claim.

Key differences include:

SNQ: This is the threshold for initiating a reexamination. It exists when prior art raises a substantial question about the patentability of at least one claim, even if it wouldn't necessarily lead to a rejection.
Prima facie case: This is a higher standard, typically used during examination, where the evidence is sufficient to establish unpatentability unless rebutted.

The MPEP notes: Thus, 'a substantial new question of patentability' as to a patent claim could be present even if the examiner would not necessarily reject the claim as either fully anticipated by, or obvious in view of, the prior art patents or printed publications.

This distinction allows for a broader range of issues to be considered in reexamination proceedings.

To learn more:

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What happens if the certified copy of the foreign application is filed after the issue fee is paid?

What is the time limit for filing a certified copy of a foreign application in a U.S. patent application?

What is the ‘certified copy’ of a foreign application?

What is the time limit for filing a certified copy of a foreign application?

What is the process for requesting the U.S. Receiving Office to prepare and transmit a certified copy of a priority document?

What resources are available on the USPTO website?

How does the requirement for certified translations affect interference proceedings?

Which International Searching Authorities can perform a Supplementary International Search?

When must an applicant provide a certified translation for a foreign benefit application?

What is the difference between a “substantial new question of patentability” and a “prima facie case of unpatentability”?