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 104-Power to Inspect Application (1)
Access to provisional patent applications is handled differently from non-provisional applications. According to MPEP 104:
“In provisional applications, access or certified copies may only be requested by parties with written authority from a named inventor, the applicant, the assignee of record, or the attorney or agent of record, unless the application is available pursuant to 37 CFR 1.14(a)(1)(iv)-(vi).”
The MPEP further explains:
“Since provisional applications do not require an oath or declaration, there may be no power of attorney in the application.”
This means that access to provisional applications is more restricted and typically requires specific written authority from key parties involved in the application. The absence of a required oath or declaration in provisional applications also affects how access is granted, as there may not be a formal power of attorney on file.
For more information on certified copies, visit: certified copies.
For more information on written authority, visit: written authority.
MPEP 200 - Types and Status of Application; Benefit and Priority (3)
What is the deadline for submitting certified copies in a national stage application?
The deadline for submitting certified copies in a national stage application (35 U.S.C. 371) is as follows:
- Certified copies must be filed within the time limit set in 37 CFR 1.55(f).
- This is typically within the later of 4 months from the actual filing date of the application or 16 months from the filing date of the prior foreign application.
The MPEP 213.06 states: ‘A certified copy of the foreign application must be filed within the time limit set forth in 37 CFR 1.55(f).’ It’s important to note that this requirement applies unless the certified copy was previously filed in the international application and the requirements of PCT Rule 17.1(a), (b), or (b-bis) have been met.
To learn more:
The requirements for certified copies in international design applications are as follows:
- A certified copy of the foreign application is not required in an international design application.
- The International Bureau obtains priority documents directly from offices participating in the Digital Access Service (DAS) or the Priority Document Exchange (PDX) program.
- For offices not participating in DAS or PDX, the International Bureau will invite the applicant to submit the priority document.
According to MPEP 213.07: A certified copy of the foreign application is not required in an international design application designating the United States.
The MPEP further explains: Where the foreign application was filed in a participating office, the International Bureau will attempt to obtain the priority document from the participating office. For participating offices that are not yet able to provide the priority documents to the International Bureau, the International Bureau will invite the applicant to submit the priority document.
To learn more:
The timeliness requirement for submitting certified copies of foreign applications can be satisfied through the Priority Document Exchange program. According to 37 CFR 1.55(i), the requirement will be considered satisfied if:
- The foreign application was filed in a participating foreign intellectual property office
- The claim for priority is presented in an application data sheet with the required information
- The copy of the foreign application is received by the USPTO from the participating foreign office within the specified time period
The MPEP states, Applicants continue to bear the ultimate responsibility for ensuring that the priority document is filed during the pendency of the application and before the patent is issued.
Therefore, it’s crucial to verify that the USPTO has received the priority document.
To learn more:
MPEP 300 - Ownership and Assignment (3)
MPEP 303 states that certified copies of patent applications as filed do not include an indication of assignment documents. The section specifically notes:
“Certified copies of patent applications as filed do not include an indication of assignment documents.” (MPEP 303)
This means that if an applicant wants to have proof of assignment documents, they need to request this separately.
To obtain a copy of a recorded assignment document from the USPTO, you can request a certified copy. According to MPEP 317:
Certified copies of recorded documents may be ordered from the Assignment Division for a fee.
To request a certified copy:
- Contact the USPTO Assignment Division
- Provide the necessary information to identify the document
- Pay the required fee
The USPTO will then provide you with a certified copy of the requested assignment document. This can be useful for legal or business purposes where an official copy of the recorded assignment is needed.
For more information on Assignment Division, visit: Assignment Division.
For more information on certified copies, visit: certified copies.
For more information on USPTO, visit: USPTO.
No, certified copies of patent applications as filed do not include an indication of assignment documents. According to the MPEP 303, “Certified copies of patent applications as filed do not include an indication of assignment documents.” This means that the initial certified copy of a patent application does not contain information about any assignments that may have been recorded.
For more information on assignment documents, visit: assignment documents.
For more information on certified copies, visit: certified copies.
For more information on patent applications, visit: patent applications.
For more information on USPTO, visit: USPTO.
MPEP 303 - Assignment Documents Not Endorsed on Pending Applications (2)
MPEP 303 states that certified copies of patent applications as filed do not include an indication of assignment documents. The section specifically notes:
“Certified copies of patent applications as filed do not include an indication of assignment documents.” (MPEP 303)
This means that if an applicant wants to have proof of assignment documents, they need to request this separately.
No, certified copies of patent applications as filed do not include an indication of assignment documents. According to the MPEP 303, “Certified copies of patent applications as filed do not include an indication of assignment documents.” This means that the initial certified copy of a patent application does not contain information about any assignments that may have been recorded.
For more information on assignment documents, visit: assignment documents.
For more information on certified copies, visit: certified copies.
For more information on patent applications, visit: patent applications.
For more information on USPTO, visit: USPTO.
MPEP 317 - Handling of Documents in the Assignment Division (1)
To obtain a copy of a recorded assignment document from the USPTO, you can request a certified copy. According to MPEP 317:
Certified copies of recorded documents may be ordered from the Assignment Division for a fee.
To request a certified copy:
- Contact the USPTO Assignment Division
- Provide the necessary information to identify the document
- Pay the required fee
The USPTO will then provide you with a certified copy of the requested assignment document. This can be useful for legal or business purposes where an official copy of the recorded assignment is needed.
For more information on Assignment Division, visit: Assignment Division.
For more information on certified copies, visit: certified copies.
For more information on USPTO, visit: USPTO.
Patent Law (7)
What is the deadline for submitting certified copies in a national stage application?
The deadline for submitting certified copies in a national stage application (35 U.S.C. 371) is as follows:
- Certified copies must be filed within the time limit set in 37 CFR 1.55(f).
- This is typically within the later of 4 months from the actual filing date of the application or 16 months from the filing date of the prior foreign application.
The MPEP 213.06 states: ‘A certified copy of the foreign application must be filed within the time limit set forth in 37 CFR 1.55(f).’ It’s important to note that this requirement applies unless the certified copy was previously filed in the international application and the requirements of PCT Rule 17.1(a), (b), or (b-bis) have been met.
To learn more:
MPEP 303 states that certified copies of patent applications as filed do not include an indication of assignment documents. The section specifically notes:
“Certified copies of patent applications as filed do not include an indication of assignment documents.” (MPEP 303)
This means that if an applicant wants to have proof of assignment documents, they need to request this separately.
The requirements for certified copies in international design applications are as follows:
- A certified copy of the foreign application is not required in an international design application.
- The International Bureau obtains priority documents directly from offices participating in the Digital Access Service (DAS) or the Priority Document Exchange (PDX) program.
- For offices not participating in DAS or PDX, the International Bureau will invite the applicant to submit the priority document.
According to MPEP 213.07: A certified copy of the foreign application is not required in an international design application designating the United States.
The MPEP further explains: Where the foreign application was filed in a participating office, the International Bureau will attempt to obtain the priority document from the participating office. For participating offices that are not yet able to provide the priority documents to the International Bureau, the International Bureau will invite the applicant to submit the priority document.
To learn more:
Access to provisional patent applications is handled differently from non-provisional applications. According to MPEP 104:
“In provisional applications, access or certified copies may only be requested by parties with written authority from a named inventor, the applicant, the assignee of record, or the attorney or agent of record, unless the application is available pursuant to 37 CFR 1.14(a)(1)(iv)-(vi).”
The MPEP further explains:
“Since provisional applications do not require an oath or declaration, there may be no power of attorney in the application.”
This means that access to provisional applications is more restricted and typically requires specific written authority from key parties involved in the application. The absence of a required oath or declaration in provisional applications also affects how access is granted, as there may not be a formal power of attorney on file.
For more information on certified copies, visit: certified copies.
For more information on written authority, visit: written authority.
The timeliness requirement for submitting certified copies of foreign applications can be satisfied through the Priority Document Exchange program. According to 37 CFR 1.55(i), the requirement will be considered satisfied if:
- The foreign application was filed in a participating foreign intellectual property office
- The claim for priority is presented in an application data sheet with the required information
- The copy of the foreign application is received by the USPTO from the participating foreign office within the specified time period
The MPEP states, Applicants continue to bear the ultimate responsibility for ensuring that the priority document is filed during the pendency of the application and before the patent is issued.
Therefore, it’s crucial to verify that the USPTO has received the priority document.
To learn more:
To obtain a copy of a recorded assignment document from the USPTO, you can request a certified copy. According to MPEP 317:
Certified copies of recorded documents may be ordered from the Assignment Division for a fee.
To request a certified copy:
- Contact the USPTO Assignment Division
- Provide the necessary information to identify the document
- Pay the required fee
The USPTO will then provide you with a certified copy of the requested assignment document. This can be useful for legal or business purposes where an official copy of the recorded assignment is needed.
For more information on Assignment Division, visit: Assignment Division.
For more information on certified copies, visit: certified copies.
For more information on USPTO, visit: USPTO.
No, certified copies of patent applications as filed do not include an indication of assignment documents. According to the MPEP 303, “Certified copies of patent applications as filed do not include an indication of assignment documents.” This means that the initial certified copy of a patent application does not contain information about any assignments that may have been recorded.
For more information on assignment documents, visit: assignment documents.
For more information on certified copies, visit: certified copies.
For more information on patent applications, visit: patent applications.
For more information on USPTO, visit: USPTO.
Patent Procedure (7)
What is the deadline for submitting certified copies in a national stage application?
The deadline for submitting certified copies in a national stage application (35 U.S.C. 371) is as follows:
- Certified copies must be filed within the time limit set in 37 CFR 1.55(f).
- This is typically within the later of 4 months from the actual filing date of the application or 16 months from the filing date of the prior foreign application.
The MPEP 213.06 states: ‘A certified copy of the foreign application must be filed within the time limit set forth in 37 CFR 1.55(f).’ It’s important to note that this requirement applies unless the certified copy was previously filed in the international application and the requirements of PCT Rule 17.1(a), (b), or (b-bis) have been met.
To learn more:
MPEP 303 states that certified copies of patent applications as filed do not include an indication of assignment documents. The section specifically notes:
“Certified copies of patent applications as filed do not include an indication of assignment documents.” (MPEP 303)
This means that if an applicant wants to have proof of assignment documents, they need to request this separately.
The requirements for certified copies in international design applications are as follows:
- A certified copy of the foreign application is not required in an international design application.
- The International Bureau obtains priority documents directly from offices participating in the Digital Access Service (DAS) or the Priority Document Exchange (PDX) program.
- For offices not participating in DAS or PDX, the International Bureau will invite the applicant to submit the priority document.
According to MPEP 213.07: A certified copy of the foreign application is not required in an international design application designating the United States.
The MPEP further explains: Where the foreign application was filed in a participating office, the International Bureau will attempt to obtain the priority document from the participating office. For participating offices that are not yet able to provide the priority documents to the International Bureau, the International Bureau will invite the applicant to submit the priority document.
To learn more:
Access to provisional patent applications is handled differently from non-provisional applications. According to MPEP 104:
“In provisional applications, access or certified copies may only be requested by parties with written authority from a named inventor, the applicant, the assignee of record, or the attorney or agent of record, unless the application is available pursuant to 37 CFR 1.14(a)(1)(iv)-(vi).”
The MPEP further explains:
“Since provisional applications do not require an oath or declaration, there may be no power of attorney in the application.”
This means that access to provisional applications is more restricted and typically requires specific written authority from key parties involved in the application. The absence of a required oath or declaration in provisional applications also affects how access is granted, as there may not be a formal power of attorney on file.
For more information on certified copies, visit: certified copies.
For more information on written authority, visit: written authority.
The timeliness requirement for submitting certified copies of foreign applications can be satisfied through the Priority Document Exchange program. According to 37 CFR 1.55(i), the requirement will be considered satisfied if:
- The foreign application was filed in a participating foreign intellectual property office
- The claim for priority is presented in an application data sheet with the required information
- The copy of the foreign application is received by the USPTO from the participating foreign office within the specified time period
The MPEP states, Applicants continue to bear the ultimate responsibility for ensuring that the priority document is filed during the pendency of the application and before the patent is issued.
Therefore, it’s crucial to verify that the USPTO has received the priority document.
To learn more:
To obtain a copy of a recorded assignment document from the USPTO, you can request a certified copy. According to MPEP 317:
Certified copies of recorded documents may be ordered from the Assignment Division for a fee.
To request a certified copy:
- Contact the USPTO Assignment Division
- Provide the necessary information to identify the document
- Pay the required fee
The USPTO will then provide you with a certified copy of the requested assignment document. This can be useful for legal or business purposes where an official copy of the recorded assignment is needed.
For more information on Assignment Division, visit: Assignment Division.
For more information on certified copies, visit: certified copies.
For more information on USPTO, visit: USPTO.
No, certified copies of patent applications as filed do not include an indication of assignment documents. According to the MPEP 303, “Certified copies of patent applications as filed do not include an indication of assignment documents.” This means that the initial certified copy of a patent application does not contain information about any assignments that may have been recorded.
For more information on assignment documents, visit: assignment documents.
For more information on certified copies, visit: certified copies.
For more information on patent applications, visit: patent applications.
For more information on USPTO, visit: USPTO.