Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 500 - Receipt and Handling of Mail and Papers (3)
When the USPTO cannot locate a patent or application file after a reasonable search, they follow the procedure outlined in 37 CFR 1.251. The key steps are:
- The Office notifies the applicant or patentee about the unlocatable file.
- A time period is set for the applicant or patentee to comply with the notice.
- The applicant or patentee must respond by either:
- Providing a copy of their record of all correspondence with the Office (except U.S. patent documents)
- Producing their record for the Office to copy
- Stating that they do not possess any record of the correspondence
As stated in MPEP 508.04, “37 CFR 1.251 sets forth a procedure for the reconstruction of the file of a patent application, patent, or any other patent-related proceeding that cannot be located after a reasonable search.”
The time limits for responding to a notice under 37 CFR 1.251 vary depending on whether it’s for an application or a patent:
- For applications: The Office sets a three-month period for reply, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months.
- For patents: The Office sets a six-month period for reply, which is not extendable.
MPEP 508.04 states: “The Office will set a time period of three months for reply in a notice under 37 CFR 1.251 in an application. The time period will be extendable under 37 CFR 1.136(a) (unless the notice indicates otherwise) by three months up to a maximum period for reply of six months in an application.” It also notes: “The Office will set a time period of six months for reply in a notice under 37 CFR 1.251 in a patent. The time period will not be extendable under 37 CFR 1.136(a) in a patent.”
The consequences of failing to respond to a 37 CFR 1.251 notice differ for pending applications and granted patents:
- For pending applications: Failure to reply within the set time period will result in abandonment of the application. MPEP 508.04 cites 37 CFR 1.251(b): “With regard to a pending application, failure to comply with one of paragraphs (a)(1), (a)(2), or (a)(3) of this section within the time period set in the notice will result in abandonment of the application.”
- For granted patents: While the patent won’t expire, there may be limitations on the certified copy of the patent file that the Office can produce. MPEP 508.04 states: “While abandonment (or expiration) of a patent is not an issue if a patentee fails to timely comply with a notice under 37 CFR 1.251, in such a situation the only certified copy of the patent file that the Office will be able to produce will be a copy of the patent and a copy of the application-as-filed (which may have an adverse impact during attempts to enforce the patent).”
Additionally, for patents involved in proceedings before the Office, action may be taken under 37 CFR 41.128 or 37 CFR 11.18.
MPEP 508 - Distribution (3)
When the USPTO cannot locate a patent or application file after a reasonable search, they follow the procedure outlined in 37 CFR 1.251. The key steps are:
- The Office notifies the applicant or patentee about the unlocatable file.
- A time period is set for the applicant or patentee to comply with the notice.
- The applicant or patentee must respond by either:
- Providing a copy of their record of all correspondence with the Office (except U.S. patent documents)
- Producing their record for the Office to copy
- Stating that they do not possess any record of the correspondence
As stated in MPEP 508.04, “37 CFR 1.251 sets forth a procedure for the reconstruction of the file of a patent application, patent, or any other patent-related proceeding that cannot be located after a reasonable search.”
The time limits for responding to a notice under 37 CFR 1.251 vary depending on whether it’s for an application or a patent:
- For applications: The Office sets a three-month period for reply, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months.
- For patents: The Office sets a six-month period for reply, which is not extendable.
MPEP 508.04 states: “The Office will set a time period of three months for reply in a notice under 37 CFR 1.251 in an application. The time period will be extendable under 37 CFR 1.136(a) (unless the notice indicates otherwise) by three months up to a maximum period for reply of six months in an application.” It also notes: “The Office will set a time period of six months for reply in a notice under 37 CFR 1.251 in a patent. The time period will not be extendable under 37 CFR 1.136(a) in a patent.”
The consequences of failing to respond to a 37 CFR 1.251 notice differ for pending applications and granted patents:
- For pending applications: Failure to reply within the set time period will result in abandonment of the application. MPEP 508.04 cites 37 CFR 1.251(b): “With regard to a pending application, failure to comply with one of paragraphs (a)(1), (a)(2), or (a)(3) of this section within the time period set in the notice will result in abandonment of the application.”
- For granted patents: While the patent won’t expire, there may be limitations on the certified copy of the patent file that the Office can produce. MPEP 508.04 states: “While abandonment (or expiration) of a patent is not an issue if a patentee fails to timely comply with a notice under 37 CFR 1.251, in such a situation the only certified copy of the patent file that the Office will be able to produce will be a copy of the patent and a copy of the application-as-filed (which may have an adverse impact during attempts to enforce the patent).”
Additionally, for patents involved in proceedings before the Office, action may be taken under 37 CFR 41.128 or 37 CFR 11.18.
Patent Law (3)
When the USPTO cannot locate a patent or application file after a reasonable search, they follow the procedure outlined in 37 CFR 1.251. The key steps are:
- The Office notifies the applicant or patentee about the unlocatable file.
- A time period is set for the applicant or patentee to comply with the notice.
- The applicant or patentee must respond by either:
- Providing a copy of their record of all correspondence with the Office (except U.S. patent documents)
- Producing their record for the Office to copy
- Stating that they do not possess any record of the correspondence
As stated in MPEP 508.04, “37 CFR 1.251 sets forth a procedure for the reconstruction of the file of a patent application, patent, or any other patent-related proceeding that cannot be located after a reasonable search.”
The time limits for responding to a notice under 37 CFR 1.251 vary depending on whether it’s for an application or a patent:
- For applications: The Office sets a three-month period for reply, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months.
- For patents: The Office sets a six-month period for reply, which is not extendable.
MPEP 508.04 states: “The Office will set a time period of three months for reply in a notice under 37 CFR 1.251 in an application. The time period will be extendable under 37 CFR 1.136(a) (unless the notice indicates otherwise) by three months up to a maximum period for reply of six months in an application.” It also notes: “The Office will set a time period of six months for reply in a notice under 37 CFR 1.251 in a patent. The time period will not be extendable under 37 CFR 1.136(a) in a patent.”
The consequences of failing to respond to a 37 CFR 1.251 notice differ for pending applications and granted patents:
- For pending applications: Failure to reply within the set time period will result in abandonment of the application. MPEP 508.04 cites 37 CFR 1.251(b): “With regard to a pending application, failure to comply with one of paragraphs (a)(1), (a)(2), or (a)(3) of this section within the time period set in the notice will result in abandonment of the application.”
- For granted patents: While the patent won’t expire, there may be limitations on the certified copy of the patent file that the Office can produce. MPEP 508.04 states: “While abandonment (or expiration) of a patent is not an issue if a patentee fails to timely comply with a notice under 37 CFR 1.251, in such a situation the only certified copy of the patent file that the Office will be able to produce will be a copy of the patent and a copy of the application-as-filed (which may have an adverse impact during attempts to enforce the patent).”
Additionally, for patents involved in proceedings before the Office, action may be taken under 37 CFR 41.128 or 37 CFR 11.18.
Patent Procedure (3)
When the USPTO cannot locate a patent or application file after a reasonable search, they follow the procedure outlined in 37 CFR 1.251. The key steps are:
- The Office notifies the applicant or patentee about the unlocatable file.
- A time period is set for the applicant or patentee to comply with the notice.
- The applicant or patentee must respond by either:
- Providing a copy of their record of all correspondence with the Office (except U.S. patent documents)
- Producing their record for the Office to copy
- Stating that they do not possess any record of the correspondence
As stated in MPEP 508.04, “37 CFR 1.251 sets forth a procedure for the reconstruction of the file of a patent application, patent, or any other patent-related proceeding that cannot be located after a reasonable search.”
The time limits for responding to a notice under 37 CFR 1.251 vary depending on whether it’s for an application or a patent:
- For applications: The Office sets a three-month period for reply, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months.
- For patents: The Office sets a six-month period for reply, which is not extendable.
MPEP 508.04 states: “The Office will set a time period of three months for reply in a notice under 37 CFR 1.251 in an application. The time period will be extendable under 37 CFR 1.136(a) (unless the notice indicates otherwise) by three months up to a maximum period for reply of six months in an application.” It also notes: “The Office will set a time period of six months for reply in a notice under 37 CFR 1.251 in a patent. The time period will not be extendable under 37 CFR 1.136(a) in a patent.”
The consequences of failing to respond to a 37 CFR 1.251 notice differ for pending applications and granted patents:
- For pending applications: Failure to reply within the set time period will result in abandonment of the application. MPEP 508.04 cites 37 CFR 1.251(b): “With regard to a pending application, failure to comply with one of paragraphs (a)(1), (a)(2), or (a)(3) of this section within the time period set in the notice will result in abandonment of the application.”
- For granted patents: While the patent won’t expire, there may be limitations on the certified copy of the patent file that the Office can produce. MPEP 508.04 states: “While abandonment (or expiration) of a patent is not an issue if a patentee fails to timely comply with a notice under 37 CFR 1.251, in such a situation the only certified copy of the patent file that the Office will be able to produce will be a copy of the patent and a copy of the application-as-filed (which may have an adverse impact during attempts to enforce the patent).”
Additionally, for patents involved in proceedings before the Office, action may be taken under 37 CFR 41.128 or 37 CFR 11.18.