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 400 - Representative of Applicant or Owner (1)
Violating the certification requirements when submitting papers to the USPTO can have serious consequences. According to 37 CFR 11.18(c), violations may result in:
- Striking the offending paper
- Referring a practitioner’s conduct to the Office of Enrollment and Discipline
- Precluding a party or practitioner from submitting papers or contesting issues
- Affecting the weight given to the offending paper
- Terminating proceedings in the Office
Additionally, 37 CFR 11.18(d) states that practitioners violating these provisions may be subject to disciplinary action. The USPTO Director determines appropriate sanctions after notice and opportunity to respond.
It’s important to note that violations can jeopardize the validity of applications, documents, patents, and trademark registrations. As stated in the MPEP:
‘The submission by an applicant of misleading or inaccurate statements of facts during the prosecution of applications for patent has resulted in the patents issuing on such applications being held unenforceable.’
Several court cases are cited demonstrating how false statements have led to patents being unenforceable.
MPEP 410 - Representations to the U.S. Patent and Trademark Office (1)
Violating the certification requirements when submitting papers to the USPTO can have serious consequences. According to 37 CFR 11.18(c), violations may result in:
- Striking the offending paper
- Referring a practitioner’s conduct to the Office of Enrollment and Discipline
- Precluding a party or practitioner from submitting papers or contesting issues
- Affecting the weight given to the offending paper
- Terminating proceedings in the Office
Additionally, 37 CFR 11.18(d) states that practitioners violating these provisions may be subject to disciplinary action. The USPTO Director determines appropriate sanctions after notice and opportunity to respond.
It’s important to note that violations can jeopardize the validity of applications, documents, patents, and trademark registrations. As stated in the MPEP:
‘The submission by an applicant of misleading or inaccurate statements of facts during the prosecution of applications for patent has resulted in the patents issuing on such applications being held unenforceable.’
Several court cases are cited demonstrating how false statements have led to patents being unenforceable.
MPEP 500 - Receipt and Handling of Mail and Papers (1)
To certify micro entity status, you must file a certification form with the USPTO. The USPTO provides two forms:
- Form PTO/SB/15A for certifying under the gross income basis
- Form PTO/SB/15B for certifying under the institution of higher education basis
The certification must be signed by an authorized party as defined in 37 CFR 1.33(b). It should be filed prior to or at the time of paying the first fee as a micro entity.
MPEP 509 - Payment of Fees (1)
To certify micro entity status, you must file a certification form with the USPTO. The USPTO provides two forms:
- Form PTO/SB/15A for certifying under the gross income basis
- Form PTO/SB/15B for certifying under the institution of higher education basis
The certification must be signed by an authorized party as defined in 37 CFR 1.33(b). It should be filed prior to or at the time of paying the first fee as a micro entity.
Patent Law (3)
Violating the certification requirements when submitting papers to the USPTO can have serious consequences. According to 37 CFR 11.18(c), violations may result in:
- Striking the offending paper
- Referring a practitioner’s conduct to the Office of Enrollment and Discipline
- Precluding a party or practitioner from submitting papers or contesting issues
- Affecting the weight given to the offending paper
- Terminating proceedings in the Office
Additionally, 37 CFR 11.18(d) states that practitioners violating these provisions may be subject to disciplinary action. The USPTO Director determines appropriate sanctions after notice and opportunity to respond.
It’s important to note that violations can jeopardize the validity of applications, documents, patents, and trademark registrations. As stated in the MPEP:
‘The submission by an applicant of misleading or inaccurate statements of facts during the prosecution of applications for patent has resulted in the patents issuing on such applications being held unenforceable.’
Several court cases are cited demonstrating how false statements have led to patents being unenforceable.
How does the timing of an IDS submission affect the required certification?
The timing of an Information Disclosure Statement (IDS) submission directly impacts the required certification:
- IDS filed within three months of filing or before first Office action: No certification required
- IDS filed after three months of filing but before first Office action on the merits: Certification under 37 CFR 1.97(e) or fee under 37 CFR 1.17(p) required
- IDS filed after first Office action but before final action, notice of allowance, or action closing prosecution: Certification under 37 CFR 1.97(e) or fee under 37 CFR 1.17(p) required
- IDS filed after final action, notice of allowance, or action closing prosecution: Both certification under 37 CFR 1.97(e) and fee under 37 CFR 1.17(p) required
As stated in MPEP 609.04(b): “An information disclosure statement shall be considered by the Office if filed by the applicant within any one of the following time periods:” followed by the specific timing requirements. This underscores the importance of timely IDS submission to avoid additional certification or fee requirements.
To learn more:
To certify micro entity status, you must file a certification form with the USPTO. The USPTO provides two forms:
- Form PTO/SB/15A for certifying under the gross income basis
- Form PTO/SB/15B for certifying under the institution of higher education basis
The certification must be signed by an authorized party as defined in 37 CFR 1.33(b). It should be filed prior to or at the time of paying the first fee as a micro entity.
Patent Procedure (3)
Violating the certification requirements when submitting papers to the USPTO can have serious consequences. According to 37 CFR 11.18(c), violations may result in:
- Striking the offending paper
- Referring a practitioner’s conduct to the Office of Enrollment and Discipline
- Precluding a party or practitioner from submitting papers or contesting issues
- Affecting the weight given to the offending paper
- Terminating proceedings in the Office
Additionally, 37 CFR 11.18(d) states that practitioners violating these provisions may be subject to disciplinary action. The USPTO Director determines appropriate sanctions after notice and opportunity to respond.
It’s important to note that violations can jeopardize the validity of applications, documents, patents, and trademark registrations. As stated in the MPEP:
‘The submission by an applicant of misleading or inaccurate statements of facts during the prosecution of applications for patent has resulted in the patents issuing on such applications being held unenforceable.’
Several court cases are cited demonstrating how false statements have led to patents being unenforceable.
How does the timing of an IDS submission affect the required certification?
The timing of an Information Disclosure Statement (IDS) submission directly impacts the required certification:
- IDS filed within three months of filing or before first Office action: No certification required
- IDS filed after three months of filing but before first Office action on the merits: Certification under 37 CFR 1.97(e) or fee under 37 CFR 1.17(p) required
- IDS filed after first Office action but before final action, notice of allowance, or action closing prosecution: Certification under 37 CFR 1.97(e) or fee under 37 CFR 1.17(p) required
- IDS filed after final action, notice of allowance, or action closing prosecution: Both certification under 37 CFR 1.97(e) and fee under 37 CFR 1.17(p) required
As stated in MPEP 609.04(b): “An information disclosure statement shall be considered by the Office if filed by the applicant within any one of the following time periods:” followed by the specific timing requirements. This underscores the importance of timely IDS submission to avoid additional certification or fee requirements.
To learn more:
To certify micro entity status, you must file a certification form with the USPTO. The USPTO provides two forms:
- Form PTO/SB/15A for certifying under the gross income basis
- Form PTO/SB/15B for certifying under the institution of higher education basis
The certification must be signed by an authorized party as defined in 37 CFR 1.33(b). It should be filed prior to or at the time of paying the first fee as a micro entity.