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 (1)
What happens if I file a provisional application with multiple inventors?
When filing a provisional application with multiple inventors, it’s important to note that:
- All inventors must be named in the application.
- Each inventor must sign an oath or declaration, either in the provisional application or in the later-filed nonprovisional application.
- The inventorship of the provisional application should match that of any subsequent nonprovisional application claiming benefit.
According to MPEP 201.04: “The inventorship of a provisional application is that inventorship set forth in the cover sheet as prescribed by 37 CFR 1.51(c)(1) filed with the provisional application.” This means that the cover sheet must accurately reflect all inventors involved in the invention described in the provisional application.
To learn more:
MPEP 300 - Ownership and Assignment (11)
For more detailed information about the required cover sheet for patent assignments, you can refer to MPEP 302.07. This is explicitly mentioned in MPEP 302.05, which states:
See MPEP ยง 302.07.
MPEP 302.07 provides comprehensive guidance on the cover sheet requirements, including the necessary information to be included, such as the assignee’s address. Additionally, you can find forms and instructions for recording assignments on the USPTO’s Assignment Recordation Branch website.
To learn more:
To learn more:
The cover sheet serves as a crucial document in the patent assignment process. Its primary purpose is to provide essential information about the assignment in a standardized format. According to MPEP 302.05, one of the key pieces of information that must be included on this cover sheet is the assignee’s address:
The address of the assignee … must be given in the required cover sheet.
The cover sheet ensures that the USPTO has accurate and readily accessible information about the assignment, including details about the assignee, which is critical for maintaining proper records and facilitating communication regarding the patent.
To learn more:
A cover sheet is a crucial component in the patent document recording process. It provides essential information about the document being recorded and the patents or applications it relates to.
The requirement for a cover sheet is specified in 37 CFR 3.31, which states the necessary contents of a cover sheet. As mentioned in MPEP 315, a completed cover sheet is one of the required items when recording a document with additional patents or applications: “a completed cover sheet (see 37 CFR 3.31 and MPEP ยง 302.07)”
For more detailed information on cover sheets, refer to MPEP ยง 302.07.
For more information on cover sheet, visit: cover sheet.
For more information on document submission, visit: document submission.
For more information on USPTO requirements, visit: USPTO requirements.
A cover sheet is a crucial component in patent assignment recordation. It provides essential information about the document being recorded and the parties involved. According to MPEP 315, a completed cover sheet is required when submitting a document for recordation, even if the document has been previously recorded.
The cover sheet requirements are specified in 37 CFR 3.31 and further explained in MPEP ยง 302.07. It typically includes details such as:
- Identification of the patents or applications the document relates to
- Names of the parties involved in the transaction
- Nature of the interest being conveyed
- Mailing address for correspondence
The cover sheet helps the USPTO efficiently process and index the recorded documents in the assignment database.
What is the process for correcting errors in faxed assignment documents at the USPTO?
If errors are discovered in faxed assignment documents after submission to the USPTO, the process for correction depends on the nature of the error. Here’s a general guideline:
- Minor Typographical Errors: These can often be corrected by submitting a request for correction along with supporting documentation.
- Substantive Errors: For more significant errors, a new corrected assignment document may need to be submitted and recorded.
- Errors in Recordation: If the error is in the USPTO’s recordation rather than the document itself, contact the Assignment Recordation Branch for assistance.
As per MPEP 302.09: “If there is an error in a cover sheet recorded with an assignment document, a corrected cover sheet may be submitted for recordation.” This indicates that for cover sheet errors, a simple correction submission is possible.
It’s important to act promptly when errors are discovered to ensure the accuracy of the assignment records. For specific guidance on your situation, it’s advisable to contact the USPTO’s Assignment Recordation Branch directly.
To learn more:
When recording documents with the USPTO, a cover sheet must accompany the document. The cover sheet should include:
- Name of the conveying party
- Name and address of the receiving party
- Application number, patent number, or registration number
- Name of the inventor (for patent documents)
- Title of the invention (for patent documents)
- Document date
- Nature of the interest being conveyed
- Assignee AIA (first inventor to file) statement
MPEP 313 states: Each document submitted for recording must be accompanied by a cover sheet… The format for the cover sheet is specified by the Office.
Ensure all required information is provided to facilitate proper recording of the document.
For more information on cover sheet, visit: cover sheet.
For more information on document submission, visit: document submission.
While the address of the assignee may be included in the assignment document, it is not strictly required there. However, the address must be provided in the cover sheet accompanying the assignment. As stated in MPEP 302.05:
The address of the assignee may be recited in the assignment document and must be given in the required cover sheet.
This means that while including the address in the assignment document itself is optional, providing it on the cover sheet is mandatory for proper recordation of the assignment.
To learn more:
No, including government support information on a provisional application cover sheet is not sufficient to meet the requirements of 35 U.S.C. 202(c)(6). The MPEP states:
Providing information concerning government support on a provisional application cover sheet does not satisfy the requirement of 35 U.S.C. 202(c)(6) which requires that the a statement be included within the specification of such application and any patent issuing thereon specifying that the invention was made with Government support and that the Government has certain rights in the invention.
The government license rights statement must be included within the specification itself, not just on the cover sheet.
To record an assignment document with the USPTO, you must:
- Submit a copy of the original assignment document
- Include a completed cover sheet (Form PTO-1595 or equivalent)
- Pay the required recording fee
The cover sheet must contain key information like the names of the parties, description of the interest conveyed, and patent/application numbers affected. As stated in MPEP 302.07: “Each assignment document submitted to the Office for recording must be accompanied by a cover sheet as required by 37 CFR 3.28.”
Documents can be submitted electronically via EPAS, by mail, or by fax. Electronic submission is recommended as it has a $0 fee.
For more information on assignment recording, visit: assignment recording.
For more information on cover sheet, visit: cover sheet.
For more information on patent assignments, visit: patent assignments.
For more information on USPTO, visit: USPTO.
When submitting a corrected cover sheet to address an erroneous assignment or name change, follow these instructions from MPEP 323.01(c):
- Check the box titled ‘Other’ in the ‘Nature of Conveyance’ section.
- Indicate that the submission is to correct an error in a previously recorded document that erroneously affects the identified application(s) or patent(s).
- Write the name of the correct owner in both the ‘conveying party’ and ‘receiving party’ boxes.
The MPEP explains the reasoning behind this: The party should also write the name of the correct owner in both the box requesting the name of the conveying party and the box requesting the name and address of the receiving party; this is to make it clear that ownership never changed and that any assignment or name change recorded against the application(s) or patent(s) was erroneous.
To learn more:
To correct an error in a recorded assignment document at the USPTO, you have two main options:
- Cover sheet corrections: For errors in the cover sheet data only, you can submit a corrective document identifying the reel and frame number where the assignment is recorded and explaining the correction.
- Errors in the assignment document: For errors in the actual assignment document, you need to record a corrective document. This can be either a new assignment or other document correcting the original assignment.
As stated in MPEP 323: “The ‘Correction’ box on the Recordation Form Cover Sheet should be checked to indicate that the new submission is to correct an assignment already recorded.”
For more information on assignment correction, visit: assignment correction.
For more information on cover sheet, visit: cover sheet.
For more information on USPTO, visit: USPTO.
MPEP 302 - Recording of Assignment Documents (1)
To record an assignment document with the USPTO, you must:
- Submit a copy of the original assignment document
- Include a completed cover sheet (Form PTO-1595 or equivalent)
- Pay the required recording fee
The cover sheet must contain key information like the names of the parties, description of the interest conveyed, and patent/application numbers affected. As stated in MPEP 302.07: “Each assignment document submitted to the Office for recording must be accompanied by a cover sheet as required by 37 CFR 3.28.”
Documents can be submitted electronically via EPAS, by mail, or by fax. Electronic submission is recommended as it has a $0 fee.
For more information on assignment recording, visit: assignment recording.
For more information on cover sheet, visit: cover sheet.
For more information on patent assignments, visit: patent assignments.
For more information on USPTO, visit: USPTO.
MPEP 310 - Government License Rights to Contractor - Owned Inventions Made Under Federally Sponsored Research and Development (1)
No, including government support information on a provisional application cover sheet is not sufficient to meet the requirements of 35 U.S.C. 202(c)(6). The MPEP states:
Providing information concerning government support on a provisional application cover sheet does not satisfy the requirement of 35 U.S.C. 202(c)(6) which requires that the a statement be included within the specification of such application and any patent issuing thereon specifying that the invention was made with Government support and that the Government has certain rights in the invention.
The government license rights statement must be included within the specification itself, not just on the cover sheet.
MPEP 315 - Indexing Against a Recorded Certificate (2)
A cover sheet is a crucial component in the patent document recording process. It provides essential information about the document being recorded and the patents or applications it relates to.
The requirement for a cover sheet is specified in 37 CFR 3.31, which states the necessary contents of a cover sheet. As mentioned in MPEP 315, a completed cover sheet is one of the required items when recording a document with additional patents or applications: “a completed cover sheet (see 37 CFR 3.31 and MPEP ยง 302.07)”
For more detailed information on cover sheets, refer to MPEP ยง 302.07.
For more information on cover sheet, visit: cover sheet.
For more information on document submission, visit: document submission.
For more information on USPTO requirements, visit: USPTO requirements.
A cover sheet is a crucial component in patent assignment recordation. It provides essential information about the document being recorded and the parties involved. According to MPEP 315, a completed cover sheet is required when submitting a document for recordation, even if the document has been previously recorded.
The cover sheet requirements are specified in 37 CFR 3.31 and further explained in MPEP ยง 302.07. It typically includes details such as:
- Identification of the patents or applications the document relates to
- Names of the parties involved in the transaction
- Nature of the interest being conveyed
- Mailing address for correspondence
The cover sheet helps the USPTO efficiently process and index the recorded documents in the assignment database.
MPEP 323 - Procedures for Correcting Errors in Recorded Assignment Document (1)
To correct an error in a recorded assignment document at the USPTO, you have two main options:
- Cover sheet corrections: For errors in the cover sheet data only, you can submit a corrective document identifying the reel and frame number where the assignment is recorded and explaining the correction.
- Errors in the assignment document: For errors in the actual assignment document, you need to record a corrective document. This can be either a new assignment or other document correcting the original assignment.
As stated in MPEP 323: “The ‘Correction’ box on the Recordation Form Cover Sheet should be checked to indicate that the new submission is to correct an assignment already recorded.”
For more information on assignment correction, visit: assignment correction.
For more information on cover sheet, visit: cover sheet.
For more information on USPTO, visit: USPTO.
Patent Law (16)
For more detailed information about the required cover sheet for patent assignments, you can refer to MPEP 302.07. This is explicitly mentioned in MPEP 302.05, which states:
See MPEP ยง 302.07.
MPEP 302.07 provides comprehensive guidance on the cover sheet requirements, including the necessary information to be included, such as the assignee’s address. Additionally, you can find forms and instructions for recording assignments on the USPTO’s Assignment Recordation Branch website.
To learn more:
To learn more:
The cover sheet serves as a crucial document in the patent assignment process. Its primary purpose is to provide essential information about the assignment in a standardized format. According to MPEP 302.05, one of the key pieces of information that must be included on this cover sheet is the assignee’s address:
The address of the assignee … must be given in the required cover sheet.
The cover sheet ensures that the USPTO has accurate and readily accessible information about the assignment, including details about the assignee, which is critical for maintaining proper records and facilitating communication regarding the patent.
To learn more:
A cover sheet is a crucial component in the patent document recording process. It provides essential information about the document being recorded and the patents or applications it relates to.
The requirement for a cover sheet is specified in 37 CFR 3.31, which states the necessary contents of a cover sheet. As mentioned in MPEP 315, a completed cover sheet is one of the required items when recording a document with additional patents or applications: “a completed cover sheet (see 37 CFR 3.31 and MPEP ยง 302.07)”
For more detailed information on cover sheets, refer to MPEP ยง 302.07.
For more information on cover sheet, visit: cover sheet.
For more information on document submission, visit: document submission.
For more information on USPTO requirements, visit: USPTO requirements.
A cover sheet is a crucial component in patent assignment recordation. It provides essential information about the document being recorded and the parties involved. According to MPEP 315, a completed cover sheet is required when submitting a document for recordation, even if the document has been previously recorded.
The cover sheet requirements are specified in 37 CFR 3.31 and further explained in MPEP ยง 302.07. It typically includes details such as:
- Identification of the patents or applications the document relates to
- Names of the parties involved in the transaction
- Nature of the interest being conveyed
- Mailing address for correspondence
The cover sheet helps the USPTO efficiently process and index the recorded documents in the assignment database.
What is the process for correcting errors in faxed assignment documents at the USPTO?
If errors are discovered in faxed assignment documents after submission to the USPTO, the process for correction depends on the nature of the error. Here’s a general guideline:
- Minor Typographical Errors: These can often be corrected by submitting a request for correction along with supporting documentation.
- Substantive Errors: For more significant errors, a new corrected assignment document may need to be submitted and recorded.
- Errors in Recordation: If the error is in the USPTO’s recordation rather than the document itself, contact the Assignment Recordation Branch for assistance.
As per MPEP 302.09: “If there is an error in a cover sheet recorded with an assignment document, a corrected cover sheet may be submitted for recordation.” This indicates that for cover sheet errors, a simple correction submission is possible.
It’s important to act promptly when errors are discovered to ensure the accuracy of the assignment records. For specific guidance on your situation, it’s advisable to contact the USPTO’s Assignment Recordation Branch directly.
To learn more:
To correct inventorship in a provisional application, you must follow the procedure outlined in 37 CFR 1.48(d). The requirements include:
- A request signed by a party set forth in 37 CFR 1.33(b) to correct the inventorship, identifying each inventor by their legal name
- The processing fee set forth in 37 CFR 1.17(q)
The MPEP advises, When an inventor is being added, applicants should also file a corrected application data sheet or a new cover sheet providing the residence of all inventors.
To learn more:
When recording documents with the USPTO, a cover sheet must accompany the document. The cover sheet should include:
- Name of the conveying party
- Name and address of the receiving party
- Application number, patent number, or registration number
- Name of the inventor (for patent documents)
- Title of the invention (for patent documents)
- Document date
- Nature of the interest being conveyed
- Assignee AIA (first inventor to file) statement
MPEP 313 states: Each document submitted for recording must be accompanied by a cover sheet… The format for the cover sheet is specified by the Office.
Ensure all required information is provided to facilitate proper recording of the document.
For more information on cover sheet, visit: cover sheet.
For more information on document submission, visit: document submission.
What happens if I file a provisional application with multiple inventors?
When filing a provisional application with multiple inventors, it’s important to note that:
- All inventors must be named in the application.
- Each inventor must sign an oath or declaration, either in the provisional application or in the later-filed nonprovisional application.
- The inventorship of the provisional application should match that of any subsequent nonprovisional application claiming benefit.
According to MPEP 201.04: “The inventorship of a provisional application is that inventorship set forth in the cover sheet as prescribed by 37 CFR 1.51(c)(1) filed with the provisional application.” This means that the cover sheet must accurately reflect all inventors involved in the invention described in the provisional application.
To learn more:
If a provisional application is filed without a complete cover sheet, the USPTO will still treat it as a provisional application. However, the applicant will be required to submit the complete cover sheet and pay a surcharge at a later date. The MPEP explains:
A provisional application, which is identified as such, but which does not have a complete cover sheet as required by 37 CFR 1.51(c)(1) will be treated as a provisional application. However, the complete cover sheet and a surcharge will be required to be submitted at a later date in conformance with 37 CFR 1.53(g).(MPEP 601.01(b))
The USPTO will notify the applicant and provide a time period (usually two months) to submit the necessary documents and fees to avoid abandonment of the application.
To learn more:
A provisional patent application requires a cover sheet with specific identifying information. According to the MPEP:
“A cover sheet providing identifying information is required for a complete provisional application. In accordance with 37 CFR 1.51(c)(1) the cover sheet must state that it is for a provisional application, it must identify and give the residence of the inventor or inventors, and it must give a title of the invention.”
The cover sheet must include:
- Statement that it is for a provisional application
- Inventor(s) identification and residence
- Title of the invention
- Name and registration number of the attorney or agent (if applicable)
- Docket number (if applicable)
- Correspondence address
- Statement regarding federally sponsored research or development (if applicable)
- Name of the government agency and contract number (if developed under a government contract)
For more details on provisional application requirements, refer to MPEP ยง 201.04.
To learn more:
While the address of the assignee may be included in the assignment document, it is not strictly required there. However, the address must be provided in the cover sheet accompanying the assignment. As stated in MPEP 302.05:
The address of the assignee may be recited in the assignment document and must be given in the required cover sheet.
This means that while including the address in the assignment document itself is optional, providing it on the cover sheet is mandatory for proper recordation of the assignment.
To learn more:
No, including government support information on a provisional application cover sheet is not sufficient to meet the requirements of 35 U.S.C. 202(c)(6). The MPEP states:
Providing information concerning government support on a provisional application cover sheet does not satisfy the requirement of 35 U.S.C. 202(c)(6) which requires that the a statement be included within the specification of such application and any patent issuing thereon specifying that the invention was made with Government support and that the Government has certain rights in the invention.
The government license rights statement must be included within the specification itself, not just on the cover sheet.
To correct inventorship in a provisional patent application, the following steps must be taken:
- Submit a request signed by a party set forth in 37 CFR 1.33(b)
- Identify each inventor by their legal name in the request
- Pay the processing fee set forth in 37 CFR 1.17(q)
- When adding an inventor, file a corrected application data sheet or a new cover sheet with the residence of all inventors
The MPEP states: 37 CFR 1.48(d) provides a procedure for adding or deleting or correcting or updating the name of an inventor in a provisional application. 37 CFR 1.48(d) requires that the submission include: (1) a request, signed by a party set forth in 37 CFR 1.33(b), to correct the inventorship that identifies each inventor by their legal name; and (2) the fee set forth in 37 CFR 1.17(q).
To learn more:
To record an assignment document with the USPTO, you must:
- Submit a copy of the original assignment document
- Include a completed cover sheet (Form PTO-1595 or equivalent)
- Pay the required recording fee
The cover sheet must contain key information like the names of the parties, description of the interest conveyed, and patent/application numbers affected. As stated in MPEP 302.07: “Each assignment document submitted to the Office for recording must be accompanied by a cover sheet as required by 37 CFR 3.28.”
Documents can be submitted electronically via EPAS, by mail, or by fax. Electronic submission is recommended as it has a $0 fee.
For more information on assignment recording, visit: assignment recording.
For more information on cover sheet, visit: cover sheet.
For more information on patent assignments, visit: patent assignments.
For more information on USPTO, visit: USPTO.
When submitting a corrected cover sheet to address an erroneous assignment or name change, follow these instructions from MPEP 323.01(c):
- Check the box titled ‘Other’ in the ‘Nature of Conveyance’ section.
- Indicate that the submission is to correct an error in a previously recorded document that erroneously affects the identified application(s) or patent(s).
- Write the name of the correct owner in both the ‘conveying party’ and ‘receiving party’ boxes.
The MPEP explains the reasoning behind this: The party should also write the name of the correct owner in both the box requesting the name of the conveying party and the box requesting the name and address of the receiving party; this is to make it clear that ownership never changed and that any assignment or name change recorded against the application(s) or patent(s) was erroneous.
To learn more:
To correct an error in a recorded assignment document at the USPTO, you have two main options:
- Cover sheet corrections: For errors in the cover sheet data only, you can submit a corrective document identifying the reel and frame number where the assignment is recorded and explaining the correction.
- Errors in the assignment document: For errors in the actual assignment document, you need to record a corrective document. This can be either a new assignment or other document correcting the original assignment.
As stated in MPEP 323: “The ‘Correction’ box on the Recordation Form Cover Sheet should be checked to indicate that the new submission is to correct an assignment already recorded.”
For more information on assignment correction, visit: assignment correction.
For more information on cover sheet, visit: cover sheet.
For more information on USPTO, visit: USPTO.
Patent Procedure (16)
For more detailed information about the required cover sheet for patent assignments, you can refer to MPEP 302.07. This is explicitly mentioned in MPEP 302.05, which states:
See MPEP ยง 302.07.
MPEP 302.07 provides comprehensive guidance on the cover sheet requirements, including the necessary information to be included, such as the assignee’s address. Additionally, you can find forms and instructions for recording assignments on the USPTO’s Assignment Recordation Branch website.
To learn more:
To learn more:
The cover sheet serves as a crucial document in the patent assignment process. Its primary purpose is to provide essential information about the assignment in a standardized format. According to MPEP 302.05, one of the key pieces of information that must be included on this cover sheet is the assignee’s address:
The address of the assignee … must be given in the required cover sheet.
The cover sheet ensures that the USPTO has accurate and readily accessible information about the assignment, including details about the assignee, which is critical for maintaining proper records and facilitating communication regarding the patent.
To learn more:
A cover sheet is a crucial component in the patent document recording process. It provides essential information about the document being recorded and the patents or applications it relates to.
The requirement for a cover sheet is specified in 37 CFR 3.31, which states the necessary contents of a cover sheet. As mentioned in MPEP 315, a completed cover sheet is one of the required items when recording a document with additional patents or applications: “a completed cover sheet (see 37 CFR 3.31 and MPEP ยง 302.07)”
For more detailed information on cover sheets, refer to MPEP ยง 302.07.
For more information on cover sheet, visit: cover sheet.
For more information on document submission, visit: document submission.
For more information on USPTO requirements, visit: USPTO requirements.
A cover sheet is a crucial component in patent assignment recordation. It provides essential information about the document being recorded and the parties involved. According to MPEP 315, a completed cover sheet is required when submitting a document for recordation, even if the document has been previously recorded.
The cover sheet requirements are specified in 37 CFR 3.31 and further explained in MPEP ยง 302.07. It typically includes details such as:
- Identification of the patents or applications the document relates to
- Names of the parties involved in the transaction
- Nature of the interest being conveyed
- Mailing address for correspondence
The cover sheet helps the USPTO efficiently process and index the recorded documents in the assignment database.
What is the process for correcting errors in faxed assignment documents at the USPTO?
If errors are discovered in faxed assignment documents after submission to the USPTO, the process for correction depends on the nature of the error. Here’s a general guideline:
- Minor Typographical Errors: These can often be corrected by submitting a request for correction along with supporting documentation.
- Substantive Errors: For more significant errors, a new corrected assignment document may need to be submitted and recorded.
- Errors in Recordation: If the error is in the USPTO’s recordation rather than the document itself, contact the Assignment Recordation Branch for assistance.
As per MPEP 302.09: “If there is an error in a cover sheet recorded with an assignment document, a corrected cover sheet may be submitted for recordation.” This indicates that for cover sheet errors, a simple correction submission is possible.
It’s important to act promptly when errors are discovered to ensure the accuracy of the assignment records. For specific guidance on your situation, it’s advisable to contact the USPTO’s Assignment Recordation Branch directly.
To learn more:
To correct inventorship in a provisional application, you must follow the procedure outlined in 37 CFR 1.48(d). The requirements include:
- A request signed by a party set forth in 37 CFR 1.33(b) to correct the inventorship, identifying each inventor by their legal name
- The processing fee set forth in 37 CFR 1.17(q)
The MPEP advises, When an inventor is being added, applicants should also file a corrected application data sheet or a new cover sheet providing the residence of all inventors.
To learn more:
When recording documents with the USPTO, a cover sheet must accompany the document. The cover sheet should include:
- Name of the conveying party
- Name and address of the receiving party
- Application number, patent number, or registration number
- Name of the inventor (for patent documents)
- Title of the invention (for patent documents)
- Document date
- Nature of the interest being conveyed
- Assignee AIA (first inventor to file) statement
MPEP 313 states: Each document submitted for recording must be accompanied by a cover sheet… The format for the cover sheet is specified by the Office.
Ensure all required information is provided to facilitate proper recording of the document.
For more information on cover sheet, visit: cover sheet.
For more information on document submission, visit: document submission.
What happens if I file a provisional application with multiple inventors?
When filing a provisional application with multiple inventors, it’s important to note that:
- All inventors must be named in the application.
- Each inventor must sign an oath or declaration, either in the provisional application or in the later-filed nonprovisional application.
- The inventorship of the provisional application should match that of any subsequent nonprovisional application claiming benefit.
According to MPEP 201.04: “The inventorship of a provisional application is that inventorship set forth in the cover sheet as prescribed by 37 CFR 1.51(c)(1) filed with the provisional application.” This means that the cover sheet must accurately reflect all inventors involved in the invention described in the provisional application.
To learn more:
If a provisional application is filed without a complete cover sheet, the USPTO will still treat it as a provisional application. However, the applicant will be required to submit the complete cover sheet and pay a surcharge at a later date. The MPEP explains:
A provisional application, which is identified as such, but which does not have a complete cover sheet as required by 37 CFR 1.51(c)(1) will be treated as a provisional application. However, the complete cover sheet and a surcharge will be required to be submitted at a later date in conformance with 37 CFR 1.53(g).(MPEP 601.01(b))
The USPTO will notify the applicant and provide a time period (usually two months) to submit the necessary documents and fees to avoid abandonment of the application.
To learn more:
A provisional patent application requires a cover sheet with specific identifying information. According to the MPEP:
“A cover sheet providing identifying information is required for a complete provisional application. In accordance with 37 CFR 1.51(c)(1) the cover sheet must state that it is for a provisional application, it must identify and give the residence of the inventor or inventors, and it must give a title of the invention.”
The cover sheet must include:
- Statement that it is for a provisional application
- Inventor(s) identification and residence
- Title of the invention
- Name and registration number of the attorney or agent (if applicable)
- Docket number (if applicable)
- Correspondence address
- Statement regarding federally sponsored research or development (if applicable)
- Name of the government agency and contract number (if developed under a government contract)
For more details on provisional application requirements, refer to MPEP ยง 201.04.
To learn more:
While the address of the assignee may be included in the assignment document, it is not strictly required there. However, the address must be provided in the cover sheet accompanying the assignment. As stated in MPEP 302.05:
The address of the assignee may be recited in the assignment document and must be given in the required cover sheet.
This means that while including the address in the assignment document itself is optional, providing it on the cover sheet is mandatory for proper recordation of the assignment.
To learn more:
No, including government support information on a provisional application cover sheet is not sufficient to meet the requirements of 35 U.S.C. 202(c)(6). The MPEP states:
Providing information concerning government support on a provisional application cover sheet does not satisfy the requirement of 35 U.S.C. 202(c)(6) which requires that the a statement be included within the specification of such application and any patent issuing thereon specifying that the invention was made with Government support and that the Government has certain rights in the invention.
The government license rights statement must be included within the specification itself, not just on the cover sheet.
To correct inventorship in a provisional patent application, the following steps must be taken:
- Submit a request signed by a party set forth in 37 CFR 1.33(b)
- Identify each inventor by their legal name in the request
- Pay the processing fee set forth in 37 CFR 1.17(q)
- When adding an inventor, file a corrected application data sheet or a new cover sheet with the residence of all inventors
The MPEP states: 37 CFR 1.48(d) provides a procedure for adding or deleting or correcting or updating the name of an inventor in a provisional application. 37 CFR 1.48(d) requires that the submission include: (1) a request, signed by a party set forth in 37 CFR 1.33(b), to correct the inventorship that identifies each inventor by their legal name; and (2) the fee set forth in 37 CFR 1.17(q).
To learn more:
To record an assignment document with the USPTO, you must:
- Submit a copy of the original assignment document
- Include a completed cover sheet (Form PTO-1595 or equivalent)
- Pay the required recording fee
The cover sheet must contain key information like the names of the parties, description of the interest conveyed, and patent/application numbers affected. As stated in MPEP 302.07: “Each assignment document submitted to the Office for recording must be accompanied by a cover sheet as required by 37 CFR 3.28.”
Documents can be submitted electronically via EPAS, by mail, or by fax. Electronic submission is recommended as it has a $0 fee.
For more information on assignment recording, visit: assignment recording.
For more information on cover sheet, visit: cover sheet.
For more information on patent assignments, visit: patent assignments.
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When submitting a corrected cover sheet to address an erroneous assignment or name change, follow these instructions from MPEP 323.01(c):
- Check the box titled ‘Other’ in the ‘Nature of Conveyance’ section.
- Indicate that the submission is to correct an error in a previously recorded document that erroneously affects the identified application(s) or patent(s).
- Write the name of the correct owner in both the ‘conveying party’ and ‘receiving party’ boxes.
The MPEP explains the reasoning behind this: The party should also write the name of the correct owner in both the box requesting the name of the conveying party and the box requesting the name and address of the receiving party; this is to make it clear that ownership never changed and that any assignment or name change recorded against the application(s) or patent(s) was erroneous.
To learn more:
To correct an error in a recorded assignment document at the USPTO, you have two main options:
- Cover sheet corrections: For errors in the cover sheet data only, you can submit a corrective document identifying the reel and frame number where the assignment is recorded and explaining the correction.
- Errors in the assignment document: For errors in the actual assignment document, you need to record a corrective document. This can be either a new assignment or other document correcting the original assignment.
As stated in MPEP 323: “The ‘Correction’ box on the Recordation Form Cover Sheet should be checked to indicate that the new submission is to correct an assignment already recorded.”
For more information on assignment correction, visit: assignment correction.
For more information on cover sheet, visit: cover sheet.
For more information on USPTO, visit: USPTO.