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 300 - Ownership and Assignment (10)
When submitting assignment documents along with new patent applications, the mailing address is different from the general assignment recordation address. According to MPEP 302.08:
Requests for recording documents which accompany new applications should be addressed to the Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
This ensures that your assignment documents are properly associated with the new patent application and processed accordingly by the USPTO.
To learn more:
The recording date for a document at the USPTO Assignment Division is determined as follows:
- It is the date when a document meeting all requirements is filed with the Office.
- Documents not complying with identification requirements (37 CFR 3.21) will not be recorded.
- Documents with other deficiencies (e.g., missing cover sheet or fee) will be returned for correction.
- If corrected and resubmitted within the specified time, the original receipt date may be considered the recording date.
According to 37 CFR 3.51: “The date of recording of a document is the date the document meeting the requirements for recording set forth in this part is filed in the Office.”
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 § 302.07)”
For more detailed information on cover sheets, refer to MPEP § 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.
The mailing address for submitting assignment documents depends on whether they are being filed with new applications or not. According to MPEP 302.08:
- For documents not filed with new applications: Mail Stop Assignment Recordation Services, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450
- For documents filed with new applications: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450
As stated in the MPEP, In order to ensure prompt and proper processing, documents and their cover sheets should be addressed to the Mail Stop Assignment Recordation Services, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, unless they are filed together with new applications.
To learn more:
The correct procedure for submitting assignment documents to the USPTO involves sending them to the Assignment Division for recording, rather than placing them directly in application or patent files. MPEP 318 clearly states:
“Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.”
This process ensures that assignment documents are properly recorded and maintained by the appropriate division within the USPTO.
To learn more:
An extract of an original document refers to a portion or summary of the original assignment document that contains the essential information required for recording. Both 37 CFR 3.24(a) and (b) state that “Either a copy of the original document or an extract of the original document may be submitted for recording.”
When submitting an extract:
- Ensure it includes all relevant assignment details.
- The extract must meet the same format requirements as a full copy.
- It should be clear that the extract represents the key elements of the original document.
Using an extract can be beneficial when the original document contains confidential information not necessary for the assignment record.
37 CFR 3.27 is a federal regulation that specifies the mailing address for submitting documents to be recorded at the USPTO. According to MPEP 302.08:
37 CFR 3.27 sets out how documents submitted for recording should be addressed to the Office.
This regulation ensures that assignment documents and other recordable documents are sent to the correct address for proper processing. It’s crucial for patent attorneys, inventors, and anyone submitting assignment documents to follow this regulation to avoid delays or misrouting of important legal documents.
To learn more:
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.
Assignment documents submitted by mail for recordation should be addressed according to MPEP 302.08 and 37 CFR 3.27. The MPEP states:
Documents and cover sheets submitted by mail for recordation should be addressed to Mail Stop Assignment Recordation Services, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450, unless they are filed together with new applications.
This ensures that your documents are properly routed and processed by the USPTO.
To learn more:
No, you should not submit original documents for recording patent assignments. The USPTO explicitly states:
“The United States Patent and Trademark Office will accept and record only a copy of an original assignment or other document. See MPEP § 317. The document submitted for recordation will not be returned to the submitter.”
It’s crucial to submit only copies of original documents, as the USPTO will not return the recorded documents. This ensures that you retain your original documents while still complying with the recording requirements.
MPEP 302 - Recording of Assignment Documents (2)
An extract of an original document refers to a portion or summary of the original assignment document that contains the essential information required for recording. Both 37 CFR 3.24(a) and (b) state that “Either a copy of the original document or an extract of the original document may be submitted for recording.”
When submitting an extract:
- Ensure it includes all relevant assignment details.
- The extract must meet the same format requirements as a full copy.
- It should be clear that the extract represents the key elements of the original document.
Using an extract can be beneficial when the original document contains confidential information not necessary for the assignment record.
No, you should not submit original documents for recording patent assignments. The USPTO explicitly states:
“The United States Patent and Trademark Office will accept and record only a copy of an original assignment or other document. See MPEP § 317. The document submitted for recordation will not be returned to the submitter.”
It’s crucial to submit only copies of original documents, as the USPTO will not return the recorded documents. This ensures that you retain your original documents while still complying with the recording requirements.
MPEP 315 - Indexing Against a Recorded Certificate (1)
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 § 302.07)”
For more detailed information on cover sheets, refer to MPEP § 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.
MPEP 317 - Handling of Documents in the Assignment Division (1)
The recording date for a document at the USPTO Assignment Division is determined as follows:
- It is the date when a document meeting all requirements is filed with the Office.
- Documents not complying with identification requirements (37 CFR 3.21) will not be recorded.
- Documents with other deficiencies (e.g., missing cover sheet or fee) will be returned for correction.
- If corrected and resubmitted within the specified time, the original receipt date may be considered the recording date.
According to 37 CFR 3.51: “The date of recording of a document is the date the document meeting the requirements for recording set forth in this part is filed in the Office.”
MPEP 318 - Documents Not to be Placed in Files (1)
The correct procedure for submitting assignment documents to the USPTO involves sending them to the Assignment Division for recording, rather than placing them directly in application or patent files. MPEP 318 clearly states:
“Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.”
This process ensures that assignment documents are properly recorded and maintained by the appropriate division within the USPTO.
To learn more:
MPEP 500 - Receipt and Handling of Mail and Papers (1)
The USPTO has a specific procedure for handling missing documents from an application file. According to the MPEP:
When a document is missing from an application, Office practice is to call the applicant’s representative and request submission (generally by facsimile) of a copy of the missing document.
This informal approach is the primary method used by the USPTO to address missing documents. However, if this informal method is unsuccessful, the Office may resort to more formal measures:
While the Office will generally treat missing documents in this relatively informal manner (rather than issuing a notice under 37 CFR 1.251), the Office may issue a notice under 37 CFR 1.251 to obtain a copy of a missing document if the Office’s informal attempts to obtain a copy of the document are unsuccessful.
It’s important for applicants and their representatives to promptly respond to such informal requests to avoid more formal procedures and potential delays in application processing.
To learn more:
Patent Law (12)
When submitting assignment documents along with new patent applications, the mailing address is different from the general assignment recordation address. According to MPEP 302.08:
Requests for recording documents which accompany new applications should be addressed to the Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
This ensures that your assignment documents are properly associated with the new patent application and processed accordingly by the USPTO.
To learn more:
The recording date for a document at the USPTO Assignment Division is determined as follows:
- It is the date when a document meeting all requirements is filed with the Office.
- Documents not complying with identification requirements (37 CFR 3.21) will not be recorded.
- Documents with other deficiencies (e.g., missing cover sheet or fee) will be returned for correction.
- If corrected and resubmitted within the specified time, the original receipt date may be considered the recording date.
According to 37 CFR 3.51: “The date of recording of a document is the date the document meeting the requirements for recording set forth in this part is filed in the Office.”
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 § 302.07)”
For more detailed information on cover sheets, refer to MPEP § 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.
The mailing address for submitting assignment documents depends on whether they are being filed with new applications or not. According to MPEP 302.08:
- For documents not filed with new applications: Mail Stop Assignment Recordation Services, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450
- For documents filed with new applications: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450
As stated in the MPEP, In order to ensure prompt and proper processing, documents and their cover sheets should be addressed to the Mail Stop Assignment Recordation Services, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, unless they are filed together with new applications.
To learn more:
The correct procedure for submitting assignment documents to the USPTO involves sending them to the Assignment Division for recording, rather than placing them directly in application or patent files. MPEP 318 clearly states:
“Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.”
This process ensures that assignment documents are properly recorded and maintained by the appropriate division within the USPTO.
To learn more:
An extract of an original document refers to a portion or summary of the original assignment document that contains the essential information required for recording. Both 37 CFR 3.24(a) and (b) state that “Either a copy of the original document or an extract of the original document may be submitted for recording.”
When submitting an extract:
- Ensure it includes all relevant assignment details.
- The extract must meet the same format requirements as a full copy.
- It should be clear that the extract represents the key elements of the original document.
Using an extract can be beneficial when the original document contains confidential information not necessary for the assignment record.
37 CFR 3.27 is a federal regulation that specifies the mailing address for submitting documents to be recorded at the USPTO. According to MPEP 302.08:
37 CFR 3.27 sets out how documents submitted for recording should be addressed to the Office.
This regulation ensures that assignment documents and other recordable documents are sent to the correct address for proper processing. It’s crucial for patent attorneys, inventors, and anyone submitting assignment documents to follow this regulation to avoid delays or misrouting of important legal documents.
To learn more:
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.
Assignment documents submitted by mail for recordation should be addressed according to MPEP 302.08 and 37 CFR 3.27. The MPEP states:
Documents and cover sheets submitted by mail for recordation should be addressed to Mail Stop Assignment Recordation Services, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450, unless they are filed together with new applications.
This ensures that your documents are properly routed and processed by the USPTO.
To learn more:
The USPTO has a specific procedure for handling missing documents from an application file. According to the MPEP:
When a document is missing from an application, Office practice is to call the applicant’s representative and request submission (generally by facsimile) of a copy of the missing document.
This informal approach is the primary method used by the USPTO to address missing documents. However, if this informal method is unsuccessful, the Office may resort to more formal measures:
While the Office will generally treat missing documents in this relatively informal manner (rather than issuing a notice under 37 CFR 1.251), the Office may issue a notice under 37 CFR 1.251 to obtain a copy of a missing document if the Office’s informal attempts to obtain a copy of the document are unsuccessful.
It’s important for applicants and their representatives to promptly respond to such informal requests to avoid more formal procedures and potential delays in application processing.
To learn more:
No, you do not need to submit copies of U.S. patents and patent application publications when filing an e-IDS. The MPEP 609.07 states:
Copies of U.S. patents and U.S. patent application publications cited in the IDS are not required to be submitted by the applicants with the e-IDS.
However, it’s important to note that for foreign patent documents, non-patent literature (NPLs), and unpublished U.S. patent applications not stored in the Office’s Image File Wrapper (IFW) system, you must submit PDF copies using EFS-Web.
To learn more:
To learn more:
No, you should not submit original documents for recording patent assignments. The USPTO explicitly states:
“The United States Patent and Trademark Office will accept and record only a copy of an original assignment or other document. See MPEP § 317. The document submitted for recordation will not be returned to the submitter.”
It’s crucial to submit only copies of original documents, as the USPTO will not return the recorded documents. This ensures that you retain your original documents while still complying with the recording requirements.
Patent Procedure (12)
When submitting assignment documents along with new patent applications, the mailing address is different from the general assignment recordation address. According to MPEP 302.08:
Requests for recording documents which accompany new applications should be addressed to the Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
This ensures that your assignment documents are properly associated with the new patent application and processed accordingly by the USPTO.
To learn more:
The recording date for a document at the USPTO Assignment Division is determined as follows:
- It is the date when a document meeting all requirements is filed with the Office.
- Documents not complying with identification requirements (37 CFR 3.21) will not be recorded.
- Documents with other deficiencies (e.g., missing cover sheet or fee) will be returned for correction.
- If corrected and resubmitted within the specified time, the original receipt date may be considered the recording date.
According to 37 CFR 3.51: “The date of recording of a document is the date the document meeting the requirements for recording set forth in this part is filed in the Office.”
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 § 302.07)”
For more detailed information on cover sheets, refer to MPEP § 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.
The mailing address for submitting assignment documents depends on whether they are being filed with new applications or not. According to MPEP 302.08:
- For documents not filed with new applications: Mail Stop Assignment Recordation Services, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450
- For documents filed with new applications: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450
As stated in the MPEP, In order to ensure prompt and proper processing, documents and their cover sheets should be addressed to the Mail Stop Assignment Recordation Services, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, unless they are filed together with new applications.
To learn more:
The correct procedure for submitting assignment documents to the USPTO involves sending them to the Assignment Division for recording, rather than placing them directly in application or patent files. MPEP 318 clearly states:
“Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.”
This process ensures that assignment documents are properly recorded and maintained by the appropriate division within the USPTO.
To learn more:
An extract of an original document refers to a portion or summary of the original assignment document that contains the essential information required for recording. Both 37 CFR 3.24(a) and (b) state that “Either a copy of the original document or an extract of the original document may be submitted for recording.”
When submitting an extract:
- Ensure it includes all relevant assignment details.
- The extract must meet the same format requirements as a full copy.
- It should be clear that the extract represents the key elements of the original document.
Using an extract can be beneficial when the original document contains confidential information not necessary for the assignment record.
37 CFR 3.27 is a federal regulation that specifies the mailing address for submitting documents to be recorded at the USPTO. According to MPEP 302.08:
37 CFR 3.27 sets out how documents submitted for recording should be addressed to the Office.
This regulation ensures that assignment documents and other recordable documents are sent to the correct address for proper processing. It’s crucial for patent attorneys, inventors, and anyone submitting assignment documents to follow this regulation to avoid delays or misrouting of important legal documents.
To learn more:
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.
Assignment documents submitted by mail for recordation should be addressed according to MPEP 302.08 and 37 CFR 3.27. The MPEP states:
Documents and cover sheets submitted by mail for recordation should be addressed to Mail Stop Assignment Recordation Services, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450, unless they are filed together with new applications.
This ensures that your documents are properly routed and processed by the USPTO.
To learn more:
The USPTO has a specific procedure for handling missing documents from an application file. According to the MPEP:
When a document is missing from an application, Office practice is to call the applicant’s representative and request submission (generally by facsimile) of a copy of the missing document.
This informal approach is the primary method used by the USPTO to address missing documents. However, if this informal method is unsuccessful, the Office may resort to more formal measures:
While the Office will generally treat missing documents in this relatively informal manner (rather than issuing a notice under 37 CFR 1.251), the Office may issue a notice under 37 CFR 1.251 to obtain a copy of a missing document if the Office’s informal attempts to obtain a copy of the document are unsuccessful.
It’s important for applicants and their representatives to promptly respond to such informal requests to avoid more formal procedures and potential delays in application processing.
To learn more:
No, you do not need to submit copies of U.S. patents and patent application publications when filing an e-IDS. The MPEP 609.07 states:
Copies of U.S. patents and U.S. patent application publications cited in the IDS are not required to be submitted by the applicants with the e-IDS.
However, it’s important to note that for foreign patent documents, non-patent literature (NPLs), and unpublished U.S. patent applications not stored in the Office’s Image File Wrapper (IFW) system, you must submit PDF copies using EFS-Web.
To learn more:
To learn more:
No, you should not submit original documents for recording patent assignments. The USPTO explicitly states:
“The United States Patent and Trademark Office will accept and record only a copy of an original assignment or other document. See MPEP § 317. The document submitted for recordation will not be returned to the submitter.”
It’s crucial to submit only copies of original documents, as the USPTO will not return the recorded documents. This ensures that you retain your original documents while still complying with the recording requirements.