Patent Law FAQ

An attorney docket number is used by law firms and companies to internally track and manage patent applications. While it’s not required by the USPTO, it can be included on application documents for reference. However, there are limitations:

• Must be limited to a maximum of 25 characters
• Spaces, slashes, and hyphens are not included in the entered docket number on the official filing receipt
• For docket numbers beginning with ‘CASE’ or ‘NAVY-CASE’, only characters after these prefixes are entered

The MPEP states: ‘Attorney docket numbers must be limited to a maximum of 25 characters to prevent truncation. The USPTO system data base allows a maximum of 25 characters for the attorney docket numbers.’ (MPEP 503)

A self-addressed postcard serves as a receipt and provides evidence of the items submitted to the USPTO with a patent application. According to MPEP 503, the postcard should itemize all components of the application, including:

• Inventor’s name(s)
• Title of invention
• Number of pages of specification, claims, and sheets of drawing
• Whether the inventor’s oath or declaration is included
• List of additional forms included
• Amount and manner of paying the fee

The MPEP states: “A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.”

It’s important to note that the postcard must be properly itemized to serve as evidence of receipt. Simply listing “a complete application” is not sufficient. Each component should be specifically listed on the postcard.

For applications filed via EFS-Web, an Electronic Acknowledgment Receipt serves as the electronic equivalent of a postcard receipt.

For more information on patent application filing, visit: patent application filing.

For more information on USPTO submission, visit: USPTO submission.

A return postcard serves as prima facie evidence of receipt by the USPTO of all items listed on the postcard. It should include detailed identifying information such as:

• Inventor’s name
• Application number (if known)
• Confirmation number (if known)
• Filing date
• Title of the invention
• Type of paper being filed
• Number of pages for each component

The MPEP states: ‘A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.’ (MPEP 503)

An application number consists of a series code and a serial number. It is assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened. For applications filed using the USPTO patent electronic filing system, EFS-Web provides an Acknowledgement Receipt containing a time and date stamp, application number, and confirmation number.

The MPEP states: ‘Application numbers consisting of a series code and a serial number are assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened.’ (MPEP 503)

A filing receipt is an official document issued by the USPTO that contains important information about a patent application. According to MPEP 503, the filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested U.S. Patent Classification class
• Art unit where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: “The filing receipt represents the official assignment by the USPTO of a specific application number and confirmation number to a particular application.” It’s important to review the filing receipt for accuracy, especially regarding inventor and applicant names, benefit and priority claims, and any nonpublication requests.

For more information on application number, visit: application number.

For more information on confirmation number, visit: confirmation number.

For more information on filing receipt, visit: filing receipt.

A confirmation number is a four-digit number assigned to each newly filed patent application. It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the USPTO. This helps avoid misidentification due to transposition errors.

The MPEP states: ‘The confirmation number is a four-digit number that is assigned to each newly filed application. The confirmation number, in combination with the application number, is used to verify the accuracy of the application number placed on correspondence filed with the Office to avoid misidentification of an application due to a transposition error in the application number.’ (MPEP 503)

A confirmation number is a four-digit number assigned by the USPTO to each newly filed patent application. According to MPEP 503, the confirmation number serves several important purposes:

• It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the Office.
• It helps avoid misidentification of an application due to transposition errors in the application number.
• It is included on the filing receipt, Office actions, and other USPTO communications.
• It is required when submitting an electronic copy of the application for publication to verify the correct application.

The MPEP recommends: “The Office also recommends that applicants include the application’s confirmation number (in addition to the application number) on all correspondence submitted to the Office concerning the application.”

The confirmation number can be found in the upper left-hand corner of the filing receipt and is also available through the Patent Application Information Retrieval (PAIR) system.

For more information on application number, visit: application number.

For more information on confirmation number, visit: confirmation number.

For more information on USPTO correspondence, visit: USPTO correspondence.

A patent filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested class in the U.S. Patent Classification System
• Art unit number where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: ‘The filing receipt includes the application number, filing date, a confirmation number, a suggested class in the U.S. Patent Classification System (see MPEP § 902.01), and the number of an art unit where the application is likely to be examined.’ (MPEP 503)

A patent application filing receipt contains crucial information about the application. According to the MPEP:

‘A filing receipt is mailed to the attorney or agent, if any, otherwise to the applicant, for each application filed.’

The filing receipt typically includes:

• The application number
• Filing date
• Title of the invention
• Names of the applicants
• Name and registration number of the attorney or agent (if applicable)
• Entity status for fee purposes
• Correspondence address
• List of documents submitted with the application

It’s important to review the filing receipt carefully for accuracy, as it serves as official confirmation of the application’s details and can be used to identify any discrepancies or issues that need to be addressed promptly.

For more information on filing receipt, visit: filing receipt.

What happens if there’s an error in my application number?

If you notice an error in your application number, it’s crucial to contact the USPTO immediately. The MPEP states, Any error in the identification of the application number will result in processing delays. (MPEP 503) To avoid such delays:

• Double-check the application number on your filing receipt
• If you find an error, contact the Application Assistance Unit at (571) 272-4000
• Provide the correct application number and any supporting documentation

Prompt action can help ensure your application is processed correctly and efficiently.

For more information on application number, visit: application number.

For more information on error correction, visit: error correction.

If an applicant does not receive an application number within one month of filing, they should contact the Application Assistance Unit. The MPEP states:

‘If an application number is not received within one month of the filing date, applicant should contact the Application Assistance Unit at (571) 272-4000 or (888) 786-0101.’

This contact information is provided to ensure applicants can follow up on their application status in a timely manner. It’s important to note that this one-month period is a guideline for when applicants should take action if they haven’t received their application number.

For more information on Application Assistance Unit, visit: Application Assistance Unit.

For more information on application number, visit: application number.

The USPTO assigns different series codes to various types of patent applications:

• 01/ – 16/: Nonprovisional applications (utility, plant, and reissue)
• 29/: Design applications
• 35/: International design applications
• 60/, 61/, and 62/: Provisional applications
• 90/: Ex parte reexamination proceedings
• 95/: Inter partes reexamination proceedings
• 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings

The MPEP provides a detailed breakdown of series codes for nonprovisional applications from 1925 to the present. For example, ‘Series code 16 is assigned to nonprovisional applications filed from June 2018 to present.’ (MPEP 503)

When an application is filed with missing parts, the USPTO follows these procedures:

1. If the application meets minimum requirements for a filing date, it will be assigned one.
2. A Notice to File Missing Parts will be issued, detailing the missing items.
3. Applicants must submit missing items along with any required surcharges within the specified time period.
4. For applications filed on or after September 16, 2012, the inventor’s oath or declaration can be postponed until payment of the issue fee if a compliant application data sheet is filed.
5. For applications filed on or after December 18, 2013, filing of claims can be postponed until the expiration of the time period set in the Notice to File Missing Parts.

The MPEP states: ‘The inventor’s oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506).’ (MPEP 503)

How does the USPTO assign application numbers to continuation or divisional applications?

The USPTO assigns application numbers to continuation or divisional applications in the same manner as new applications. According to MPEP 503:

A continuation or divisional application (including a continued prosecution application) filed under 37 CFR 1.53(b) is assigned a new application number.

This means:

• Each continuation or divisional application receives a unique number
• The number is assigned in the same sequence as other new applications
• The application number does not indicate its relationship to the parent application

It’s important to reference the parent application in the appropriate sections of the new application to establish the continuity.

For more information on continuation application, visit: continuation application.

For more information on Divisional application, visit: Divisional application.

For more information on USPTO procedures, visit: USPTO procedures.

There are two main ways to obtain a receipt for items filed with the USPTO:

1. For paper filings: Include a self-addressed postcard with your submission, itemizing all components being filed. The USPTO will stamp the receipt date on the postcard and return it.
2. For electronic filings via EFS-Web or Patent Center: An Electronic Acknowledgement Receipt is automatically generated and sent to the filer.

The MPEP states: ‘If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item.’ (MPEP 503)

Application numbers for patent applications are assigned by the Office of Patent Application Processing (OPAP) as follows:

n

n
• Nonprovisional applications are assigned numbers beginning with the series code ’15’ or ’16’.

n

• Design applications are assigned numbers beginning with the series code ’29’.

n

• Plant applications are assigned numbers beginning with the series code ’16’.

n

• Provisional applications are assigned numbers beginning with the series code ’62’.

n

• Reexamination proceedings are assigned numbers beginning with the series code ’90’.

n

n

As stated in the MPEP 503, “The application number includes a two-digit series code and a six-digit serial number.” This system allows for efficient categorization and tracking of different types of patent applications.

For more information on application number, visit: application number.

For more information on patent application types, visit: patent application types.

For more information on series code, visit: series code.

For PCT applications entering the national stage in the United States, the application number assignment process is slightly different. The MPEP states:

‘For PCT applications entering the national stage under 35 U.S.C. 371, the USPTO assigns the national stage application a U.S. application number.’

This means that when an international PCT application transitions to the national stage in the U.S., it receives a new U.S. application number distinct from its international application number. This U.S. application number is used for all subsequent processing and correspondence related to the national stage application.

It’s important to note that this U.S. application number is different from the international application number (PCT/XX/YYYY/######) that was used during the international phase of the PCT application.

For more information on application number, visit: application number.

The USPTO assigns application numbers to patent applications immediately after mail has been opened. According to MPEP 503, application numbers consist of a series code and a serial number. The series codes are assigned based on the type of application and the time period in which it was filed. For example:

• 01/ – 16/ for nonprovisional applications (utility, plant, and reissue), with different ranges for specific time periods
• 29/ for design applications
• 35/ for international design applications
• 60/, 61/, and 62/ for provisional applications
• 90/ for ex parte reexamination proceedings
• 95/ for inter partes reexamination proceedings
• 96/ for supplemental examination proceedings and resulting ex parte reexamination proceedings

The MPEP notes: “If an application is filed using the USPTO patent electronic filing system, EFS-Web provides an Acknowledgement Receipt that contains a time and date stamp, an application number and a confirmation number.”

It’s important to note that the application number on a filing receipt is the official number, which may differ from any preliminary number provided on a postcard receipt.

For more information on application number, visit: application number.

For more information on patent application types, visit: patent application types.

For more information on serial number, visit: serial number.

For more information on series code, visit: series code.

No, patent applications that are entitled to a filing date will not be returned to the applicant, even if requested. This applies to applications filed by regular mail, Priority Mail Express, hand-delivery, or through the USPTO patent electronic filing system.

The MPEP clearly states: ‘Applications which are entitled to a filing date, whether filed by regular mail, by Priority Mail Express® under 37 CFR 1.10, by hand-delivery, by the USPTO patent electronic filing system, or otherwise, will not be returned to applicant even if requested.’ (MPEP 503)

Applicants should be careful not to file duplicate applications or applications not intended for filing, as fees paid for such applications are generally not refundable due to a change of purpose.

Once a patent application is filed and given a filing date, it generally cannot be returned or withdrawn. According to MPEP 503:

“Applications which are entitled to a filing date, whether filed by regular mail, by Priority Mail Express® under 37 CFR 1.10, by hand-delivery, by the USPTO patent electronic filing system, or otherwise, will not be returned to applicant even if requested.”

This policy is in place to maintain the integrity of the filing process and prevent potential abuse. Applicants should be careful not to file applications that are not intended to be filed, such as duplicates of already filed applications.

Furthermore, the MPEP cites 37 CFR 1.26(a), which states that a change of purpose after payment of a fee, such as when a party desires to withdraw a patent application for which a fee was paid, does not entitle the party to a refund of such fee.

If an applicant realizes they have filed an application in error or no longer wish to pursue it, they may choose to abandon the application. However, the application will remain on file with the USPTO and any fees paid will not be refunded.

For more information on application abandonment, visit: application abandonment.

For more information on application return, visit: application return.

An attorney docket number is used by law firms and companies to internally track and manage patent applications. While it’s not required by the USPTO, it can be included on application documents for reference. However, there are limitations:

• Must be limited to a maximum of 25 characters
• Spaces, slashes, and hyphens are not included in the entered docket number on the official filing receipt
• For docket numbers beginning with ‘CASE’ or ‘NAVY-CASE’, only characters after these prefixes are entered

The MPEP states: ‘Attorney docket numbers must be limited to a maximum of 25 characters to prevent truncation. The USPTO system data base allows a maximum of 25 characters for the attorney docket numbers.’ (MPEP 503)

A self-addressed postcard serves as a receipt and provides evidence of the items submitted to the USPTO with a patent application. According to MPEP 503, the postcard should itemize all components of the application, including:

• Inventor’s name(s)
• Title of invention
• Number of pages of specification, claims, and sheets of drawing
• Whether the inventor’s oath or declaration is included
• List of additional forms included
• Amount and manner of paying the fee

The MPEP states: “A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.”

It’s important to note that the postcard must be properly itemized to serve as evidence of receipt. Simply listing “a complete application” is not sufficient. Each component should be specifically listed on the postcard.

For applications filed via EFS-Web, an Electronic Acknowledgment Receipt serves as the electronic equivalent of a postcard receipt.

For more information on patent application filing, visit: patent application filing.

For more information on USPTO submission, visit: USPTO submission.

A return postcard serves as prima facie evidence of receipt by the USPTO of all items listed on the postcard. It should include detailed identifying information such as:

• Inventor’s name
• Application number (if known)
• Confirmation number (if known)
• Filing date
• Title of the invention
• Type of paper being filed
• Number of pages for each component

The MPEP states: ‘A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.’ (MPEP 503)

An application number consists of a series code and a serial number. It is assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened. For applications filed using the USPTO patent electronic filing system, EFS-Web provides an Acknowledgement Receipt containing a time and date stamp, application number, and confirmation number.

The MPEP states: ‘Application numbers consisting of a series code and a serial number are assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened.’ (MPEP 503)

A filing receipt is an official document issued by the USPTO that contains important information about a patent application. According to MPEP 503, the filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested U.S. Patent Classification class
• Art unit where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: “The filing receipt represents the official assignment by the USPTO of a specific application number and confirmation number to a particular application.” It’s important to review the filing receipt for accuracy, especially regarding inventor and applicant names, benefit and priority claims, and any nonpublication requests.

For more information on application number, visit: application number.

For more information on confirmation number, visit: confirmation number.

For more information on filing receipt, visit: filing receipt.

A confirmation number is a four-digit number assigned to each newly filed patent application. It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the USPTO. This helps avoid misidentification due to transposition errors.

The MPEP states: ‘The confirmation number is a four-digit number that is assigned to each newly filed application. The confirmation number, in combination with the application number, is used to verify the accuracy of the application number placed on correspondence filed with the Office to avoid misidentification of an application due to a transposition error in the application number.’ (MPEP 503)

A confirmation number is a four-digit number assigned by the USPTO to each newly filed patent application. According to MPEP 503, the confirmation number serves several important purposes:

• It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the Office.
• It helps avoid misidentification of an application due to transposition errors in the application number.
• It is included on the filing receipt, Office actions, and other USPTO communications.
• It is required when submitting an electronic copy of the application for publication to verify the correct application.

The MPEP recommends: “The Office also recommends that applicants include the application’s confirmation number (in addition to the application number) on all correspondence submitted to the Office concerning the application.”

The confirmation number can be found in the upper left-hand corner of the filing receipt and is also available through the Patent Application Information Retrieval (PAIR) system.

For more information on application number, visit: application number.

For more information on confirmation number, visit: confirmation number.

For more information on USPTO correspondence, visit: USPTO correspondence.

A patent filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested class in the U.S. Patent Classification System
• Art unit number where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: ‘The filing receipt includes the application number, filing date, a confirmation number, a suggested class in the U.S. Patent Classification System (see MPEP § 902.01), and the number of an art unit where the application is likely to be examined.’ (MPEP 503)

A patent application filing receipt contains crucial information about the application. According to the MPEP:

‘A filing receipt is mailed to the attorney or agent, if any, otherwise to the applicant, for each application filed.’

The filing receipt typically includes:

• The application number
• Filing date
• Title of the invention
• Names of the applicants
• Name and registration number of the attorney or agent (if applicable)
• Entity status for fee purposes
• Correspondence address
• List of documents submitted with the application

It’s important to review the filing receipt carefully for accuracy, as it serves as official confirmation of the application’s details and can be used to identify any discrepancies or issues that need to be addressed promptly.

For more information on filing receipt, visit: filing receipt.

What happens if there’s an error in my application number?

If you notice an error in your application number, it’s crucial to contact the USPTO immediately. The MPEP states, Any error in the identification of the application number will result in processing delays. (MPEP 503) To avoid such delays:

• Double-check the application number on your filing receipt
• If you find an error, contact the Application Assistance Unit at (571) 272-4000
• Provide the correct application number and any supporting documentation

Prompt action can help ensure your application is processed correctly and efficiently.

For more information on application number, visit: application number.

For more information on error correction, visit: error correction.

If an applicant does not receive an application number within one month of filing, they should contact the Application Assistance Unit. The MPEP states:

‘If an application number is not received within one month of the filing date, applicant should contact the Application Assistance Unit at (571) 272-4000 or (888) 786-0101.’

This contact information is provided to ensure applicants can follow up on their application status in a timely manner. It’s important to note that this one-month period is a guideline for when applicants should take action if they haven’t received their application number.

For more information on Application Assistance Unit, visit: Application Assistance Unit.

For more information on application number, visit: application number.

The USPTO assigns different series codes to various types of patent applications:

• 01/ – 16/: Nonprovisional applications (utility, plant, and reissue)
• 29/: Design applications
• 35/: International design applications
• 60/, 61/, and 62/: Provisional applications
• 90/: Ex parte reexamination proceedings
• 95/: Inter partes reexamination proceedings
• 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings

The MPEP provides a detailed breakdown of series codes for nonprovisional applications from 1925 to the present. For example, ‘Series code 16 is assigned to nonprovisional applications filed from June 2018 to present.’ (MPEP 503)

When an application is filed with missing parts, the USPTO follows these procedures:

1. If the application meets minimum requirements for a filing date, it will be assigned one.
2. A Notice to File Missing Parts will be issued, detailing the missing items.
3. Applicants must submit missing items along with any required surcharges within the specified time period.
4. For applications filed on or after September 16, 2012, the inventor’s oath or declaration can be postponed until payment of the issue fee if a compliant application data sheet is filed.
5. For applications filed on or after December 18, 2013, filing of claims can be postponed until the expiration of the time period set in the Notice to File Missing Parts.

The MPEP states: ‘The inventor’s oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506).’ (MPEP 503)

How does the USPTO assign application numbers to continuation or divisional applications?

The USPTO assigns application numbers to continuation or divisional applications in the same manner as new applications. According to MPEP 503:

A continuation or divisional application (including a continued prosecution application) filed under 37 CFR 1.53(b) is assigned a new application number.

This means:

• Each continuation or divisional application receives a unique number
• The number is assigned in the same sequence as other new applications
• The application number does not indicate its relationship to the parent application

It’s important to reference the parent application in the appropriate sections of the new application to establish the continuity.

For more information on continuation application, visit: continuation application.

For more information on Divisional application, visit: Divisional application.

For more information on USPTO procedures, visit: USPTO procedures.

There are two main ways to obtain a receipt for items filed with the USPTO:

1. For paper filings: Include a self-addressed postcard with your submission, itemizing all components being filed. The USPTO will stamp the receipt date on the postcard and return it.
2. For electronic filings via EFS-Web or Patent Center: An Electronic Acknowledgement Receipt is automatically generated and sent to the filer.

The MPEP states: ‘If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item.’ (MPEP 503)

Application numbers for patent applications are assigned by the Office of Patent Application Processing (OPAP) as follows:

n

n
• Nonprovisional applications are assigned numbers beginning with the series code ’15’ or ’16’.

n

• Design applications are assigned numbers beginning with the series code ’29’.

n

• Plant applications are assigned numbers beginning with the series code ’16’.

n

• Provisional applications are assigned numbers beginning with the series code ’62’.

n

• Reexamination proceedings are assigned numbers beginning with the series code ’90’.

n

n

As stated in the MPEP 503, “The application number includes a two-digit series code and a six-digit serial number.” This system allows for efficient categorization and tracking of different types of patent applications.

For more information on application number, visit: application number.

For more information on patent application types, visit: patent application types.

For more information on series code, visit: series code.

For PCT applications entering the national stage in the United States, the application number assignment process is slightly different. The MPEP states:

‘For PCT applications entering the national stage under 35 U.S.C. 371, the USPTO assigns the national stage application a U.S. application number.’

This means that when an international PCT application transitions to the national stage in the U.S., it receives a new U.S. application number distinct from its international application number. This U.S. application number is used for all subsequent processing and correspondence related to the national stage application.

It’s important to note that this U.S. application number is different from the international application number (PCT/XX/YYYY/######) that was used during the international phase of the PCT application.

For more information on application number, visit: application number.

The USPTO assigns application numbers to patent applications immediately after mail has been opened. According to MPEP 503, application numbers consist of a series code and a serial number. The series codes are assigned based on the type of application and the time period in which it was filed. For example:

• 01/ – 16/ for nonprovisional applications (utility, plant, and reissue), with different ranges for specific time periods
• 29/ for design applications
• 35/ for international design applications
• 60/, 61/, and 62/ for provisional applications
• 90/ for ex parte reexamination proceedings
• 95/ for inter partes reexamination proceedings
• 96/ for supplemental examination proceedings and resulting ex parte reexamination proceedings

The MPEP notes: “If an application is filed using the USPTO patent electronic filing system, EFS-Web provides an Acknowledgement Receipt that contains a time and date stamp, an application number and a confirmation number.”

It’s important to note that the application number on a filing receipt is the official number, which may differ from any preliminary number provided on a postcard receipt.

For more information on application number, visit: application number.

For more information on patent application types, visit: patent application types.

For more information on serial number, visit: serial number.

For more information on series code, visit: series code.

No, patent applications that are entitled to a filing date will not be returned to the applicant, even if requested. This applies to applications filed by regular mail, Priority Mail Express, hand-delivery, or through the USPTO patent electronic filing system.

The MPEP clearly states: ‘Applications which are entitled to a filing date, whether filed by regular mail, by Priority Mail Express® under 37 CFR 1.10, by hand-delivery, by the USPTO patent electronic filing system, or otherwise, will not be returned to applicant even if requested.’ (MPEP 503)

Applicants should be careful not to file duplicate applications or applications not intended for filing, as fees paid for such applications are generally not refundable due to a change of purpose.

Once a patent application is filed and given a filing date, it generally cannot be returned or withdrawn. According to MPEP 503:

“Applications which are entitled to a filing date, whether filed by regular mail, by Priority Mail Express® under 37 CFR 1.10, by hand-delivery, by the USPTO patent electronic filing system, or otherwise, will not be returned to applicant even if requested.”

This policy is in place to maintain the integrity of the filing process and prevent potential abuse. Applicants should be careful not to file applications that are not intended to be filed, such as duplicates of already filed applications.

Furthermore, the MPEP cites 37 CFR 1.26(a), which states that a change of purpose after payment of a fee, such as when a party desires to withdraw a patent application for which a fee was paid, does not entitle the party to a refund of such fee.

If an applicant realizes they have filed an application in error or no longer wish to pursue it, they may choose to abandon the application. However, the application will remain on file with the USPTO and any fees paid will not be refunded.

For more information on application abandonment, visit: application abandonment.

For more information on application return, visit: application return.

An attorney docket number is used by law firms and companies to internally track and manage patent applications. While it’s not required by the USPTO, it can be included on application documents for reference. However, there are limitations:

• Must be limited to a maximum of 25 characters
• Spaces, slashes, and hyphens are not included in the entered docket number on the official filing receipt
• For docket numbers beginning with ‘CASE’ or ‘NAVY-CASE’, only characters after these prefixes are entered

The MPEP states: ‘Attorney docket numbers must be limited to a maximum of 25 characters to prevent truncation. The USPTO system data base allows a maximum of 25 characters for the attorney docket numbers.’ (MPEP 503)

A self-addressed postcard serves as a receipt and provides evidence of the items submitted to the USPTO with a patent application. According to MPEP 503, the postcard should itemize all components of the application, including:

• Inventor’s name(s)
• Title of invention
• Number of pages of specification, claims, and sheets of drawing
• Whether the inventor’s oath or declaration is included
• List of additional forms included
• Amount and manner of paying the fee

The MPEP states: “A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.”

It’s important to note that the postcard must be properly itemized to serve as evidence of receipt. Simply listing “a complete application” is not sufficient. Each component should be specifically listed on the postcard.

For applications filed via EFS-Web, an Electronic Acknowledgment Receipt serves as the electronic equivalent of a postcard receipt.

For more information on patent application filing, visit: patent application filing.

For more information on USPTO submission, visit: USPTO submission.

A return postcard serves as prima facie evidence of receipt by the USPTO of all items listed on the postcard. It should include detailed identifying information such as:

• Inventor’s name
• Application number (if known)
• Confirmation number (if known)
• Filing date
• Title of the invention
• Type of paper being filed
• Number of pages for each component

The MPEP states: ‘A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.’ (MPEP 503)

An application number consists of a series code and a serial number. It is assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened. For applications filed using the USPTO patent electronic filing system, EFS-Web provides an Acknowledgement Receipt containing a time and date stamp, application number, and confirmation number.

The MPEP states: ‘Application numbers consisting of a series code and a serial number are assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened.’ (MPEP 503)

A filing receipt is an official document issued by the USPTO that contains important information about a patent application. According to MPEP 503, the filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested U.S. Patent Classification class
• Art unit where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: “The filing receipt represents the official assignment by the USPTO of a specific application number and confirmation number to a particular application.” It’s important to review the filing receipt for accuracy, especially regarding inventor and applicant names, benefit and priority claims, and any nonpublication requests.

For more information on application number, visit: application number.

For more information on confirmation number, visit: confirmation number.

For more information on filing receipt, visit: filing receipt.

A confirmation number is a four-digit number assigned to each newly filed patent application. It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the USPTO. This helps avoid misidentification due to transposition errors.

The MPEP states: ‘The confirmation number is a four-digit number that is assigned to each newly filed application. The confirmation number, in combination with the application number, is used to verify the accuracy of the application number placed on correspondence filed with the Office to avoid misidentification of an application due to a transposition error in the application number.’ (MPEP 503)

A confirmation number is a four-digit number assigned by the USPTO to each newly filed patent application. According to MPEP 503, the confirmation number serves several important purposes:

• It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the Office.
• It helps avoid misidentification of an application due to transposition errors in the application number.
• It is included on the filing receipt, Office actions, and other USPTO communications.
• It is required when submitting an electronic copy of the application for publication to verify the correct application.

The MPEP recommends: “The Office also recommends that applicants include the application’s confirmation number (in addition to the application number) on all correspondence submitted to the Office concerning the application.”

The confirmation number can be found in the upper left-hand corner of the filing receipt and is also available through the Patent Application Information Retrieval (PAIR) system.

For more information on application number, visit: application number.

For more information on confirmation number, visit: confirmation number.

For more information on USPTO correspondence, visit: USPTO correspondence.

A patent filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested class in the U.S. Patent Classification System
• Art unit number where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: ‘The filing receipt includes the application number, filing date, a confirmation number, a suggested class in the U.S. Patent Classification System (see MPEP § 902.01), and the number of an art unit where the application is likely to be examined.’ (MPEP 503)

A patent application filing receipt contains crucial information about the application. According to the MPEP:

‘A filing receipt is mailed to the attorney or agent, if any, otherwise to the applicant, for each application filed.’

The filing receipt typically includes:

• The application number
• Filing date
• Title of the invention
• Names of the applicants
• Name and registration number of the attorney or agent (if applicable)
• Entity status for fee purposes
• Correspondence address
• List of documents submitted with the application

It’s important to review the filing receipt carefully for accuracy, as it serves as official confirmation of the application’s details and can be used to identify any discrepancies or issues that need to be addressed promptly.

For more information on filing receipt, visit: filing receipt.

What happens if there’s an error in my application number?

If you notice an error in your application number, it’s crucial to contact the USPTO immediately. The MPEP states, Any error in the identification of the application number will result in processing delays. (MPEP 503) To avoid such delays:

• Double-check the application number on your filing receipt
• If you find an error, contact the Application Assistance Unit at (571) 272-4000
• Provide the correct application number and any supporting documentation

Prompt action can help ensure your application is processed correctly and efficiently.

For more information on application number, visit: application number.

For more information on error correction, visit: error correction.

If an applicant does not receive an application number within one month of filing, they should contact the Application Assistance Unit. The MPEP states:

‘If an application number is not received within one month of the filing date, applicant should contact the Application Assistance Unit at (571) 272-4000 or (888) 786-0101.’

This contact information is provided to ensure applicants can follow up on their application status in a timely manner. It’s important to note that this one-month period is a guideline for when applicants should take action if they haven’t received their application number.

For more information on Application Assistance Unit, visit: Application Assistance Unit.

For more information on application number, visit: application number.

The USPTO assigns different series codes to various types of patent applications:

• 01/ – 16/: Nonprovisional applications (utility, plant, and reissue)
• 29/: Design applications
• 35/: International design applications
• 60/, 61/, and 62/: Provisional applications
• 90/: Ex parte reexamination proceedings
• 95/: Inter partes reexamination proceedings
• 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings

The MPEP provides a detailed breakdown of series codes for nonprovisional applications from 1925 to the present. For example, ‘Series code 16 is assigned to nonprovisional applications filed from June 2018 to present.’ (MPEP 503)

When an application is filed with missing parts, the USPTO follows these procedures:

1. If the application meets minimum requirements for a filing date, it will be assigned one.
2. A Notice to File Missing Parts will be issued, detailing the missing items.
3. Applicants must submit missing items along with any required surcharges within the specified time period.
4. For applications filed on or after September 16, 2012, the inventor’s oath or declaration can be postponed until payment of the issue fee if a compliant application data sheet is filed.
5. For applications filed on or after December 18, 2013, filing of claims can be postponed until the expiration of the time period set in the Notice to File Missing Parts.

The MPEP states: ‘The inventor’s oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506).’ (MPEP 503)

How does the USPTO assign application numbers to continuation or divisional applications?

The USPTO assigns application numbers to continuation or divisional applications in the same manner as new applications. According to MPEP 503:

A continuation or divisional application (including a continued prosecution application) filed under 37 CFR 1.53(b) is assigned a new application number.

This means:

• Each continuation or divisional application receives a unique number
• The number is assigned in the same sequence as other new applications
• The application number does not indicate its relationship to the parent application

It’s important to reference the parent application in the appropriate sections of the new application to establish the continuity.

For more information on continuation application, visit: continuation application.

For more information on Divisional application, visit: Divisional application.

For more information on USPTO procedures, visit: USPTO procedures.

There are two main ways to obtain a receipt for items filed with the USPTO:

1. For paper filings: Include a self-addressed postcard with your submission, itemizing all components being filed. The USPTO will stamp the receipt date on the postcard and return it.
2. For electronic filings via EFS-Web or Patent Center: An Electronic Acknowledgement Receipt is automatically generated and sent to the filer.

The MPEP states: ‘If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item.’ (MPEP 503)

Application numbers for patent applications are assigned by the Office of Patent Application Processing (OPAP) as follows:

n

n
• Nonprovisional applications are assigned numbers beginning with the series code ’15’ or ’16’.

n

• Design applications are assigned numbers beginning with the series code ’29’.

n

• Plant applications are assigned numbers beginning with the series code ’16’.

n

• Provisional applications are assigned numbers beginning with the series code ’62’.

n

• Reexamination proceedings are assigned numbers beginning with the series code ’90’.

n

n

As stated in the MPEP 503, “The application number includes a two-digit series code and a six-digit serial number.” This system allows for efficient categorization and tracking of different types of patent applications.

For more information on application number, visit: application number.

For more information on patent application types, visit: patent application types.

For more information on series code, visit: series code.

For PCT applications entering the national stage in the United States, the application number assignment process is slightly different. The MPEP states:

‘For PCT applications entering the national stage under 35 U.S.C. 371, the USPTO assigns the national stage application a U.S. application number.’

This means that when an international PCT application transitions to the national stage in the U.S., it receives a new U.S. application number distinct from its international application number. This U.S. application number is used for all subsequent processing and correspondence related to the national stage application.

It’s important to note that this U.S. application number is different from the international application number (PCT/XX/YYYY/######) that was used during the international phase of the PCT application.

For more information on application number, visit: application number.

The USPTO assigns application numbers to patent applications immediately after mail has been opened. According to MPEP 503, application numbers consist of a series code and a serial number. The series codes are assigned based on the type of application and the time period in which it was filed. For example:

• 01/ – 16/ for nonprovisional applications (utility, plant, and reissue), with different ranges for specific time periods
• 29/ for design applications
• 35/ for international design applications
• 60/, 61/, and 62/ for provisional applications
• 90/ for ex parte reexamination proceedings
• 95/ for inter partes reexamination proceedings
• 96/ for supplemental examination proceedings and resulting ex parte reexamination proceedings

The MPEP notes: “If an application is filed using the USPTO patent electronic filing system, EFS-Web provides an Acknowledgement Receipt that contains a time and date stamp, an application number and a confirmation number.”

It’s important to note that the application number on a filing receipt is the official number, which may differ from any preliminary number provided on a postcard receipt.

For more information on application number, visit: application number.

For more information on patent application types, visit: patent application types.

For more information on serial number, visit: serial number.

For more information on series code, visit: series code.

No, patent applications that are entitled to a filing date will not be returned to the applicant, even if requested. This applies to applications filed by regular mail, Priority Mail Express, hand-delivery, or through the USPTO patent electronic filing system.

The MPEP clearly states: ‘Applications which are entitled to a filing date, whether filed by regular mail, by Priority Mail Express® under 37 CFR 1.10, by hand-delivery, by the USPTO patent electronic filing system, or otherwise, will not be returned to applicant even if requested.’ (MPEP 503)

Applicants should be careful not to file duplicate applications or applications not intended for filing, as fees paid for such applications are generally not refundable due to a change of purpose.

Once a patent application is filed and given a filing date, it generally cannot be returned or withdrawn. According to MPEP 503:

“Applications which are entitled to a filing date, whether filed by regular mail, by Priority Mail Express® under 37 CFR 1.10, by hand-delivery, by the USPTO patent electronic filing system, or otherwise, will not be returned to applicant even if requested.”

This policy is in place to maintain the integrity of the filing process and prevent potential abuse. Applicants should be careful not to file applications that are not intended to be filed, such as duplicates of already filed applications.

Furthermore, the MPEP cites 37 CFR 1.26(a), which states that a change of purpose after payment of a fee, such as when a party desires to withdraw a patent application for which a fee was paid, does not entitle the party to a refund of such fee.

If an applicant realizes they have filed an application in error or no longer wish to pursue it, they may choose to abandon the application. However, the application will remain on file with the USPTO and any fees paid will not be refunded.

For more information on application abandonment, visit: application abandonment.

For more information on application return, visit: application return.

An attorney docket number is used by law firms and companies to internally track and manage patent applications. While it’s not required by the USPTO, it can be included on application documents for reference. However, there are limitations:

• Must be limited to a maximum of 25 characters
• Spaces, slashes, and hyphens are not included in the entered docket number on the official filing receipt
• For docket numbers beginning with ‘CASE’ or ‘NAVY-CASE’, only characters after these prefixes are entered

The MPEP states: ‘Attorney docket numbers must be limited to a maximum of 25 characters to prevent truncation. The USPTO system data base allows a maximum of 25 characters for the attorney docket numbers.’ (MPEP 503)

A self-addressed postcard serves as a receipt and provides evidence of the items submitted to the USPTO with a patent application. According to MPEP 503, the postcard should itemize all components of the application, including:

• Inventor’s name(s)
• Title of invention
• Number of pages of specification, claims, and sheets of drawing
• Whether the inventor’s oath or declaration is included
• List of additional forms included
• Amount and manner of paying the fee

The MPEP states: “A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.”

It’s important to note that the postcard must be properly itemized to serve as evidence of receipt. Simply listing “a complete application” is not sufficient. Each component should be specifically listed on the postcard.

For applications filed via EFS-Web, an Electronic Acknowledgment Receipt serves as the electronic equivalent of a postcard receipt.

For more information on patent application filing, visit: patent application filing.

For more information on USPTO submission, visit: USPTO submission.

A return postcard serves as prima facie evidence of receipt by the USPTO of all items listed on the postcard. It should include detailed identifying information such as:

• Inventor’s name
• Application number (if known)
• Confirmation number (if known)
• Filing date
• Title of the invention
• Type of paper being filed
• Number of pages for each component

The MPEP states: ‘A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.’ (MPEP 503)

An application number consists of a series code and a serial number. It is assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened. For applications filed using the USPTO patent electronic filing system, EFS-Web provides an Acknowledgement Receipt containing a time and date stamp, application number, and confirmation number.

The MPEP states: ‘Application numbers consisting of a series code and a serial number are assigned by the Office of Patent Application Processing (OPAP) immediately after mail has been opened.’ (MPEP 503)

A filing receipt is an official document issued by the USPTO that contains important information about a patent application. According to MPEP 503, the filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested U.S. Patent Classification class
• Art unit where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: “The filing receipt represents the official assignment by the USPTO of a specific application number and confirmation number to a particular application.” It’s important to review the filing receipt for accuracy, especially regarding inventor and applicant names, benefit and priority claims, and any nonpublication requests.

For more information on application number, visit: application number.

For more information on confirmation number, visit: confirmation number.

For more information on filing receipt, visit: filing receipt.

A confirmation number is a four-digit number assigned to each newly filed patent application. It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the USPTO. This helps avoid misidentification due to transposition errors.

The MPEP states: ‘The confirmation number is a four-digit number that is assigned to each newly filed application. The confirmation number, in combination with the application number, is used to verify the accuracy of the application number placed on correspondence filed with the Office to avoid misidentification of an application due to a transposition error in the application number.’ (MPEP 503)

A confirmation number is a four-digit number assigned by the USPTO to each newly filed patent application. According to MPEP 503, the confirmation number serves several important purposes:

• It is used in combination with the application number to verify the accuracy of the application number on correspondence filed with the Office.
• It helps avoid misidentification of an application due to transposition errors in the application number.
• It is included on the filing receipt, Office actions, and other USPTO communications.
• It is required when submitting an electronic copy of the application for publication to verify the correct application.

The MPEP recommends: “The Office also recommends that applicants include the application’s confirmation number (in addition to the application number) on all correspondence submitted to the Office concerning the application.”

The confirmation number can be found in the upper left-hand corner of the filing receipt and is also available through the Patent Application Information Retrieval (PAIR) system.

For more information on application number, visit: application number.

For more information on confirmation number, visit: confirmation number.

For more information on USPTO correspondence, visit: USPTO correspondence.

A patent filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested class in the U.S. Patent Classification System
• Art unit number where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: ‘The filing receipt includes the application number, filing date, a confirmation number, a suggested class in the U.S. Patent Classification System (see MPEP § 902.01), and the number of an art unit where the application is likely to be examined.’ (MPEP 503)

A patent application filing receipt contains crucial information about the application. According to the MPEP:

‘A filing receipt is mailed to the attorney or agent, if any, otherwise to the applicant, for each application filed.’

The filing receipt typically includes:

• The application number
• Filing date
• Title of the invention
• Names of the applicants
• Name and registration number of the attorney or agent (if applicable)
• Entity status for fee purposes
• Correspondence address
• List of documents submitted with the application

It’s important to review the filing receipt carefully for accuracy, as it serves as official confirmation of the application’s details and can be used to identify any discrepancies or issues that need to be addressed promptly.

For more information on filing receipt, visit: filing receipt.

What happens if there’s an error in my application number?

If you notice an error in your application number, it’s crucial to contact the USPTO immediately. The MPEP states, Any error in the identification of the application number will result in processing delays. (MPEP 503) To avoid such delays:

• Double-check the application number on your filing receipt
• If you find an error, contact the Application Assistance Unit at (571) 272-4000
• Provide the correct application number and any supporting documentation

Prompt action can help ensure your application is processed correctly and efficiently.

For more information on application number, visit: application number.

For more information on error correction, visit: error correction.

If an applicant does not receive an application number within one month of filing, they should contact the Application Assistance Unit. The MPEP states:

‘If an application number is not received within one month of the filing date, applicant should contact the Application Assistance Unit at (571) 272-4000 or (888) 786-0101.’

This contact information is provided to ensure applicants can follow up on their application status in a timely manner. It’s important to note that this one-month period is a guideline for when applicants should take action if they haven’t received their application number.

For more information on Application Assistance Unit, visit: Application Assistance Unit.

For more information on application number, visit: application number.

The USPTO assigns different series codes to various types of patent applications:

• 01/ – 16/: Nonprovisional applications (utility, plant, and reissue)
• 29/: Design applications
• 35/: International design applications
• 60/, 61/, and 62/: Provisional applications
• 90/: Ex parte reexamination proceedings
• 95/: Inter partes reexamination proceedings
• 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings

The MPEP provides a detailed breakdown of series codes for nonprovisional applications from 1925 to the present. For example, ‘Series code 16 is assigned to nonprovisional applications filed from June 2018 to present.’ (MPEP 503)

When an application is filed with missing parts, the USPTO follows these procedures:

1. If the application meets minimum requirements for a filing date, it will be assigned one.
2. A Notice to File Missing Parts will be issued, detailing the missing items.
3. Applicants must submit missing items along with any required surcharges within the specified time period.
4. For applications filed on or after September 16, 2012, the inventor’s oath or declaration can be postponed until payment of the issue fee if a compliant application data sheet is filed.
5. For applications filed on or after December 18, 2013, filing of claims can be postponed until the expiration of the time period set in the Notice to File Missing Parts.

The MPEP states: ‘The inventor’s oath or declaration, basic filing fee, and search fee and examination fee as set forth in 37 CFR 1.16, may be filed later than the remaining application papers, but if so, they must be accompanied by the required surcharge (if appropriate, see MPEP § 506).’ (MPEP 503)

How does the USPTO assign application numbers to continuation or divisional applications?

The USPTO assigns application numbers to continuation or divisional applications in the same manner as new applications. According to MPEP 503:

A continuation or divisional application (including a continued prosecution application) filed under 37 CFR 1.53(b) is assigned a new application number.

This means:

• Each continuation or divisional application receives a unique number
• The number is assigned in the same sequence as other new applications
• The application number does not indicate its relationship to the parent application

It’s important to reference the parent application in the appropriate sections of the new application to establish the continuity.

For more information on continuation application, visit: continuation application.

For more information on Divisional application, visit: Divisional application.

For more information on USPTO procedures, visit: USPTO procedures.

There are two main ways to obtain a receipt for items filed with the USPTO:

1. For paper filings: Include a self-addressed postcard with your submission, itemizing all components being filed. The USPTO will stamp the receipt date on the postcard and return it.
2. For electronic filings via EFS-Web or Patent Center: An Electronic Acknowledgement Receipt is automatically generated and sent to the filer.

The MPEP states: ‘If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item.’ (MPEP 503)

Application numbers for patent applications are assigned by the Office of Patent Application Processing (OPAP) as follows:

n

n
• Nonprovisional applications are assigned numbers beginning with the series code ’15’ or ’16’.

n

• Design applications are assigned numbers beginning with the series code ’29’.

n

• Plant applications are assigned numbers beginning with the series code ’16’.

n

• Provisional applications are assigned numbers beginning with the series code ’62’.

n

• Reexamination proceedings are assigned numbers beginning with the series code ’90’.

n

n

As stated in the MPEP 503, “The application number includes a two-digit series code and a six-digit serial number.” This system allows for efficient categorization and tracking of different types of patent applications.

For more information on application number, visit: application number.

For more information on patent application types, visit: patent application types.

For more information on series code, visit: series code.

For PCT applications entering the national stage in the United States, the application number assignment process is slightly different. The MPEP states:

‘For PCT applications entering the national stage under 35 U.S.C. 371, the USPTO assigns the national stage application a U.S. application number.’

This means that when an international PCT application transitions to the national stage in the U.S., it receives a new U.S. application number distinct from its international application number. This U.S. application number is used for all subsequent processing and correspondence related to the national stage application.

It’s important to note that this U.S. application number is different from the international application number (PCT/XX/YYYY/######) that was used during the international phase of the PCT application.

For more information on application number, visit: application number.

The USPTO assigns application numbers to patent applications immediately after mail has been opened. According to MPEP 503, application numbers consist of a series code and a serial number. The series codes are assigned based on the type of application and the time period in which it was filed. For example:

• 01/ – 16/ for nonprovisional applications (utility, plant, and reissue), with different ranges for specific time periods
• 29/ for design applications
• 35/ for international design applications
• 60/, 61/, and 62/ for provisional applications
• 90/ for ex parte reexamination proceedings
• 95/ for inter partes reexamination proceedings
• 96/ for supplemental examination proceedings and resulting ex parte reexamination proceedings

The MPEP notes: “If an application is filed using the USPTO patent electronic filing system, EFS-Web provides an Acknowledgement Receipt that contains a time and date stamp, an application number and a confirmation number.”

It’s important to note that the application number on a filing receipt is the official number, which may differ from any preliminary number provided on a postcard receipt.

For more information on application number, visit: application number.

For more information on patent application types, visit: patent application types.

For more information on serial number, visit: serial number.

For more information on series code, visit: series code.

No, patent applications that are entitled to a filing date will not be returned to the applicant, even if requested. This applies to applications filed by regular mail, Priority Mail Express, hand-delivery, or through the USPTO patent electronic filing system.

The MPEP clearly states: ‘Applications which are entitled to a filing date, whether filed by regular mail, by Priority Mail Express® under 37 CFR 1.10, by hand-delivery, by the USPTO patent electronic filing system, or otherwise, will not be returned to applicant even if requested.’ (MPEP 503)

Applicants should be careful not to file duplicate applications or applications not intended for filing, as fees paid for such applications are generally not refundable due to a change of purpose.

Once a patent application is filed and given a filing date, it generally cannot be returned or withdrawn. According to MPEP 503:

“Applications which are entitled to a filing date, whether filed by regular mail, by Priority Mail Express® under 37 CFR 1.10, by hand-delivery, by the USPTO patent electronic filing system, or otherwise, will not be returned to applicant even if requested.”

This policy is in place to maintain the integrity of the filing process and prevent potential abuse. Applicants should be careful not to file applications that are not intended to be filed, such as duplicates of already filed applications.

Furthermore, the MPEP cites 37 CFR 1.26(a), which states that a change of purpose after payment of a fee, such as when a party desires to withdraw a patent application for which a fee was paid, does not entitle the party to a refund of such fee.

If an applicant realizes they have filed an application in error or no longer wish to pursue it, they may choose to abandon the application. However, the application will remain on file with the USPTO and any fees paid will not be refunded.

For more information on application abandonment, visit: application abandonment.

For more information on application return, visit: application return.