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 200 - Types and Status of Application; Benefit and Priority (3)
When referencing a prior application in a continuation-in-part (CIP), specific information must be included. According to MPEP ยถ 2.06, the examiner note states:
In brackets 1 and 2, insert the application number (series code and serial number) and filing date of the prior application, respectively.
This means that when referencing the prior application, you must include:
- The application number (series code and serial number)
- The filing date of the prior application
Providing this information accurately is crucial for establishing the proper relationship between the CIP and the prior application.
For more information on application number, visit: application number.
What happens to the prior application when a CPA is filed?
When a Continued Prosecution Application (CPA) is filed, the prior application is automatically abandoned. According to MPEP 201.06(d):
The filing of a CPA is not a filing of a new application. Rather, a CPA is a continuation of the prior application and maintains the same application number as the prior application, i.e., a “streeting” of the prior application.
This means that:
- The prior application is considered abandoned as of the filing date of the CPA.
- The CPA is not assigned a new application number but continues under the number of the prior application.
- All correspondence for the CPA should refer to the original application number.
It’s important to note that this automatic abandonment of the prior application is a key feature of CPA practice, distinguishing it from other types of continuing applications.
To learn more:
To ensure proper processing of priority papers, the MPEP recommends marking them with specific information. According to MPEP 215.03:
It is suggested that a notation of the application number of the corresponding U.S. application be placed on the priority papers when such papers are not submitted via a priority document exchange program. Such notation should be placed directly on the priority papers themselves even where a cover letter is attached bearing the U.S. application data.
This practice helps prevent priority papers from becoming separated from their corresponding U.S. applications, which can cause severe problems for both the Office and the applicant. By adhering to this suggestion, applicants can significantly reduce potential issues in processing priority claims.
To learn more:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims (1)
To ensure proper correlation between priority papers and U.S. applications, the MPEP suggests: “It is suggested that a notation of the application number of the corresponding U.S. application be placed on the priority papers when such papers are not submitted via a priority document exchange program. Such notation should be placed directly on the priority papers themselves even where a cover letter is attached bearing the U.S. application data.” This practice helps prevent separation of cover letters and priority papers, which can cause severe problems for both the Office and applicant.
MPEP 201 - Types of Applications (1)
When referencing a prior application in a continuation-in-part (CIP), specific information must be included. According to MPEP ยถ 2.06, the examiner note states:
In brackets 1 and 2, insert the application number (series code and serial number) and filing date of the prior application, respectively.
This means that when referencing the prior application, you must include:
- The application number (series code and serial number)
- The filing date of the prior application
Providing this information accurately is crucial for establishing the proper relationship between the CIP and the prior application.
For more information on application number, visit: application number.
MPEP 215-Certified Copy of Foreign Application (1)
To ensure proper correlation between priority papers and U.S. applications, the MPEP suggests: “It is suggested that a notation of the application number of the corresponding U.S. application be placed on the priority papers when such papers are not submitted via a priority document exchange program. Such notation should be placed directly on the priority papers themselves even where a cover letter is attached bearing the U.S. application data.” This practice helps prevent separation of cover letters and priority papers, which can cause severe problems for both the Office and applicant.
MPEP 300 - Ownership and Assignment (2)
If you don’t have the application number when executing an assignment, you can use specific language to allow for its later insertion. MPEP 302.03 suggests the following approach: “It is suggested, however, that an assignment be written to allow entry of the identifying number after the execution of the assignment. An example of acceptable wording is: ‘I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.’” This allows for proper identification of the application once the number is available, while still executing the assignment in a timely manner.
To learn more:
To identify a national patent application in an assignment, you must use the application number. MPEP 302.03 states: “An assignment relating to a national patent application must identify the national patent application by the application number (consisting of the series code and the serial number; e.g., 07/123,456).” This format ensures accurate identification of the specific application being assigned.
To learn more:
MPEP 500 - Receipt and Handling of Mail and Papers (10)
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 ยง 902.01), and the number of an art unit where the application is likely to be examined.’ (MPEP 503)
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.
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’.
- Design applications are assigned numbers beginning with the series code ’29’.
- Plant applications are assigned numbers beginning with the series code ’16’.
- Provisional applications are assigned numbers beginning with the series code ’62’.
- Reexamination proceedings are assigned numbers beginning with the series code ’90’.
n
n
n
n
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.
MPEP 503 - Application Number and Filing Receipt (10)
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 ยง 902.01), and the number of an art unit where the application is likely to be examined.’ (MPEP 503)
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.
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’.
- Design applications are assigned numbers beginning with the series code ’29’.
- Plant applications are assigned numbers beginning with the series code ’16’.
- Provisional applications are assigned numbers beginning with the series code ’62’.
- Reexamination proceedings are assigned numbers beginning with the series code ’90’.
n
n
n
n
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.
Patent Law (17)
If you don’t have the application number when executing an assignment, you can use specific language to allow for its later insertion. MPEP 302.03 suggests the following approach: “It is suggested, however, that an assignment be written to allow entry of the identifying number after the execution of the assignment. An example of acceptable wording is: ‘I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.’” This allows for proper identification of the application once the number is available, while still executing the assignment in a timely manner.
To learn more:
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.
When referencing a prior application in a continuation-in-part (CIP), specific information must be included. According to MPEP ยถ 2.06, the examiner note states:
In brackets 1 and 2, insert the application number (series code and serial number) and filing date of the prior application, respectively.
This means that when referencing the prior application, you must include:
- The application number (series code and serial number)
- The filing date of the prior application
Providing this information accurately is crucial for establishing the proper relationship between the CIP and the prior application.
For more information on application number, visit: application number.
To identify a national patent application in an assignment, you must use the application number. MPEP 302.03 states: “An assignment relating to a national patent application must identify the national patent application by the application number (consisting of the series code and the serial number; e.g., 07/123,456).” This format ensures accurate identification of the specific application being assigned.
To learn more:
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 ยง 902.01), and the number of an art unit where the application is likely to be examined.’ (MPEP 503)
What happens to the prior application when a CPA is filed?
When a Continued Prosecution Application (CPA) is filed, the prior application is automatically abandoned. According to MPEP 201.06(d):
The filing of a CPA is not a filing of a new application. Rather, a CPA is a continuation of the prior application and maintains the same application number as the prior application, i.e., a “streeting” of the prior application.
This means that:
- The prior application is considered abandoned as of the filing date of the CPA.
- The CPA is not assigned a new application number but continues under the number of the prior application.
- All correspondence for the CPA should refer to the original application number.
It’s important to note that this automatic abandonment of the prior application is a key feature of CPA practice, distinguishing it from other types of continuing applications.
To learn more:
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.
When citing unpublished U.S. patent applications in an Information Disclosure Statement (IDS), you must include:
- The U.S. patent application publication number
- The applicant
- The filing date
- If available, the U.S. patent application publication date
- The patent application number
The MPEP 609.04(a) states: Each U.S. application listed in an information disclosure statement must be identified by the inventor, application number, and filing date.
It’s important to note that if an application has been published, you should cite it as a U.S. patent application publication rather than as an unpublished application.
To learn more:
To learn more:
To ensure proper processing of priority papers, the MPEP recommends marking them with specific information. According to MPEP 215.03:
It is suggested that a notation of the application number of the corresponding U.S. application be placed on the priority papers when such papers are not submitted via a priority document exchange program. Such notation should be placed directly on the priority papers themselves even where a cover letter is attached bearing the U.S. application data.
This practice helps prevent priority papers from becoming separated from their corresponding U.S. applications, which can cause severe problems for both the Office and the applicant. By adhering to this suggestion, applicants can significantly reduce potential issues in processing priority claims.
To learn more:
To ensure proper correlation between priority papers and U.S. applications, the MPEP suggests: “It is suggested that a notation of the application number of the corresponding U.S. application be placed on the priority papers when such papers are not submitted via a priority document exchange program. Such notation should be placed directly on the priority papers themselves even where a cover letter is attached bearing the U.S. application data.” This practice helps prevent separation of cover letters and priority papers, which can cause severe problems for both the Office and applicant.
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’.
- Design applications are assigned numbers beginning with the series code ’29’.
- Plant applications are assigned numbers beginning with the series code ’16’.
- Provisional applications are assigned numbers beginning with the series code ’62’.
- Reexamination proceedings are assigned numbers beginning with the series code ’90’.
n
n
n
n
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.
Patent Procedure (17)
If you don’t have the application number when executing an assignment, you can use specific language to allow for its later insertion. MPEP 302.03 suggests the following approach: “It is suggested, however, that an assignment be written to allow entry of the identifying number after the execution of the assignment. An example of acceptable wording is: ‘I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.’” This allows for proper identification of the application once the number is available, while still executing the assignment in a timely manner.
To learn more:
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.
When referencing a prior application in a continuation-in-part (CIP), specific information must be included. According to MPEP ยถ 2.06, the examiner note states:
In brackets 1 and 2, insert the application number (series code and serial number) and filing date of the prior application, respectively.
This means that when referencing the prior application, you must include:
- The application number (series code and serial number)
- The filing date of the prior application
Providing this information accurately is crucial for establishing the proper relationship between the CIP and the prior application.
For more information on application number, visit: application number.
To identify a national patent application in an assignment, you must use the application number. MPEP 302.03 states: “An assignment relating to a national patent application must identify the national patent application by the application number (consisting of the series code and the serial number; e.g., 07/123,456).” This format ensures accurate identification of the specific application being assigned.
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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 ยง 902.01), and the number of an art unit where the application is likely to be examined.’ (MPEP 503)
What happens to the prior application when a CPA is filed?
When a Continued Prosecution Application (CPA) is filed, the prior application is automatically abandoned. According to MPEP 201.06(d):
The filing of a CPA is not a filing of a new application. Rather, a CPA is a continuation of the prior application and maintains the same application number as the prior application, i.e., a “streeting” of the prior application.
This means that:
- The prior application is considered abandoned as of the filing date of the CPA.
- The CPA is not assigned a new application number but continues under the number of the prior application.
- All correspondence for the CPA should refer to the original application number.
It’s important to note that this automatic abandonment of the prior application is a key feature of CPA practice, distinguishing it from other types of continuing applications.
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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.
When citing unpublished U.S. patent applications in an Information Disclosure Statement (IDS), you must include:
- The U.S. patent application publication number
- The applicant
- The filing date
- If available, the U.S. patent application publication date
- The patent application number
The MPEP 609.04(a) states: Each U.S. application listed in an information disclosure statement must be identified by the inventor, application number, and filing date.
It’s important to note that if an application has been published, you should cite it as a U.S. patent application publication rather than as an unpublished application.
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To ensure proper processing of priority papers, the MPEP recommends marking them with specific information. According to MPEP 215.03:
It is suggested that a notation of the application number of the corresponding U.S. application be placed on the priority papers when such papers are not submitted via a priority document exchange program. Such notation should be placed directly on the priority papers themselves even where a cover letter is attached bearing the U.S. application data.
This practice helps prevent priority papers from becoming separated from their corresponding U.S. applications, which can cause severe problems for both the Office and the applicant. By adhering to this suggestion, applicants can significantly reduce potential issues in processing priority claims.
To learn more:
To ensure proper correlation between priority papers and U.S. applications, the MPEP suggests: “It is suggested that a notation of the application number of the corresponding U.S. application be placed on the priority papers when such papers are not submitted via a priority document exchange program. Such notation should be placed directly on the priority papers themselves even where a cover letter is attached bearing the U.S. application data.” This practice helps prevent separation of cover letters and priority papers, which can cause severe problems for both the Office and applicant.
Application numbers for patent applications are assigned by the Office of Patent Application Processing (OPAP) as follows:
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- n
- Nonprovisional applications are assigned numbers beginning with the series code ’15’ or ’16’.
- Design applications are assigned numbers beginning with the series code ’29’.
- Plant applications are assigned numbers beginning with the series code ’16’.
- Provisional applications are assigned numbers beginning with the series code ’62’.
- Reexamination proceedings are assigned numbers beginning with the series code ’90’.
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n
n
n
n
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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.