Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 300 – Ownership and Assignment (3)
What is the purpose of the Issue Notification in the patent application process?
The Issue Notification serves as an important communication in the patent application process. According to the MPEP 308, “The Issue Notification identifies the issue date of the patent number assigned to the application.” This notification is crucial because it:
- Informs the applicant of the official issue date of their patent
- Provides the assigned patent number
- Serves as confirmation that the patent will be granted
- Helps applicants plan for any post-issuance actions or maintenance fees
The Issue Notification is typically sent several weeks before the actual issue date, giving applicants time to prepare for the patent’s publication and enforcement.
For more information on issue date, visit: issue date.
For more information on patent grant, visit: patent grant.
An applicant who shows sufficient proprietary interest in the matter must submit a petition with their patent application, including:
- The fee set forth in § 1.17(g)
- A showing that the person has sufficient proprietary interest in the matter
- A statement that making the application for patent by this person on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties
This requirement is outlined in 37 CFR 1.46(b)(2): If the applicant is a person who otherwise shows sufficient proprietary interest in the matter, such applicant must submit a petition including: (i) The fee set forth in § 1.17(g); (ii) A showing that such person has sufficient proprietary interest in the matter; and (iii) A statement that making the application for patent by a person who otherwise shows sufficient proprietary interest in the matter on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties.
If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:
‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’
The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.
For more information on Certificate of Correction, visit: Certificate of Correction.
For more information on error correction, visit: error correction.
For more information on patent issuance, visit: patent issuance.
For more information on reissue, visit: reissue.
MPEP 308 – Issue to Applicant (3)
What is the purpose of the Issue Notification in the patent application process?
The Issue Notification serves as an important communication in the patent application process. According to the MPEP 308, “The Issue Notification identifies the issue date of the patent number assigned to the application.” This notification is crucial because it:
- Informs the applicant of the official issue date of their patent
- Provides the assigned patent number
- Serves as confirmation that the patent will be granted
- Helps applicants plan for any post-issuance actions or maintenance fees
The Issue Notification is typically sent several weeks before the actual issue date, giving applicants time to prepare for the patent’s publication and enforcement.
For more information on issue date, visit: issue date.
For more information on patent grant, visit: patent grant.
An applicant who shows sufficient proprietary interest in the matter must submit a petition with their patent application, including:
- The fee set forth in § 1.17(g)
- A showing that the person has sufficient proprietary interest in the matter
- A statement that making the application for patent by this person on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties
This requirement is outlined in 37 CFR 1.46(b)(2): If the applicant is a person who otherwise shows sufficient proprietary interest in the matter, such applicant must submit a petition including: (i) The fee set forth in § 1.17(g); (ii) A showing that such person has sufficient proprietary interest in the matter; and (iii) A statement that making the application for patent by a person who otherwise shows sufficient proprietary interest in the matter on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties.
If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:
‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’
The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.
For more information on Certificate of Correction, visit: Certificate of Correction.
For more information on error correction, visit: error correction.
For more information on patent issuance, visit: patent issuance.
For more information on reissue, visit: reissue.
Patent Law (3)
What is the purpose of the Issue Notification in the patent application process?
The Issue Notification serves as an important communication in the patent application process. According to the MPEP 308, “The Issue Notification identifies the issue date of the patent number assigned to the application.” This notification is crucial because it:
- Informs the applicant of the official issue date of their patent
- Provides the assigned patent number
- Serves as confirmation that the patent will be granted
- Helps applicants plan for any post-issuance actions or maintenance fees
The Issue Notification is typically sent several weeks before the actual issue date, giving applicants time to prepare for the patent’s publication and enforcement.
For more information on issue date, visit: issue date.
For more information on patent grant, visit: patent grant.
An applicant who shows sufficient proprietary interest in the matter must submit a petition with their patent application, including:
- The fee set forth in § 1.17(g)
- A showing that the person has sufficient proprietary interest in the matter
- A statement that making the application for patent by this person on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties
This requirement is outlined in 37 CFR 1.46(b)(2): If the applicant is a person who otherwise shows sufficient proprietary interest in the matter, such applicant must submit a petition including: (i) The fee set forth in § 1.17(g); (ii) A showing that such person has sufficient proprietary interest in the matter; and (iii) A statement that making the application for patent by a person who otherwise shows sufficient proprietary interest in the matter on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties.
If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:
‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’
The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.
For more information on Certificate of Correction, visit: Certificate of Correction.
For more information on error correction, visit: error correction.
For more information on patent issuance, visit: patent issuance.
For more information on reissue, visit: reissue.
Patent Procedure (3)
What is the purpose of the Issue Notification in the patent application process?
The Issue Notification serves as an important communication in the patent application process. According to the MPEP 308, “The Issue Notification identifies the issue date of the patent number assigned to the application.” This notification is crucial because it:
- Informs the applicant of the official issue date of their patent
- Provides the assigned patent number
- Serves as confirmation that the patent will be granted
- Helps applicants plan for any post-issuance actions or maintenance fees
The Issue Notification is typically sent several weeks before the actual issue date, giving applicants time to prepare for the patent’s publication and enforcement.
For more information on issue date, visit: issue date.
For more information on patent grant, visit: patent grant.
An applicant who shows sufficient proprietary interest in the matter must submit a petition with their patent application, including:
- The fee set forth in § 1.17(g)
- A showing that the person has sufficient proprietary interest in the matter
- A statement that making the application for patent by this person on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties
This requirement is outlined in 37 CFR 1.46(b)(2): If the applicant is a person who otherwise shows sufficient proprietary interest in the matter, such applicant must submit a petition including: (i) The fee set forth in § 1.17(g); (ii) A showing that such person has sufficient proprietary interest in the matter; and (iii) A statement that making the application for patent by a person who otherwise shows sufficient proprietary interest in the matter on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties.
If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:
‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’
The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.
For more information on Certificate of Correction, visit: Certificate of Correction.
For more information on error correction, visit: error correction.
For more information on patent issuance, visit: patent issuance.
For more information on reissue, visit: reissue.
