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 103-Right of Public To Inspect Patent Files and Some Application Files (1)
The Image File Wrapper (IFW) system is an electronic system used by the USPTO to store and process patent application files. Key points about the IFW system and its impact on public access include:
- Paper components of application files are scanned to create electronic image files
- For IFW applications, the electronic file is the Official file
- No access is granted to original paper documents used to create the IFW file
- Processing and examination are conducted using electronic images
- IFW files for patented applications, published applications, or applications referenced in published documents are accessible through Patent Center on the USPTO website
- All patent applications filed after June 30, 2003, have been scanned into the IFW system
The IFW system has made it easier for the public to access eligible patent application files online through Patent Center, eliminating the need to physically inspect paper files in many cases.
MPEP 200 - Types and Status of Application; Benefit and Priority (2)
Filing an interim copy of a foreign application electronically can be done through the USPTO patent electronic filing system. The MPEP provides guidance on how to file different parts of the application:
- Main parts (Abstract, Drawings, Specification, Claims) and the cover sheet can be filed as a single PDF file.
- Text-only files (e.g., Sequence Listings, Large Tables) can be filed as .txt files.
- XML files (e.g., Standard ST.26 Sequence Listing) should be filed on a read-only optical disc.
The MPEP states: If not provided as a single paper document, the main parts of the interim copy of the foreign priority application, i.e., Abstract, Drawings, Specification, Claims, and where applicable, the foreign patent office’s equivalent to a ‘Sequence Listing’ (see MPEP ยง 2421.01 a ‘Sequence Listing XML’ (see MPEP ยง 2412), ‘Large Tables’ (see MPEP ยง 608.05(b)), or a ‘Computer Program Listing Appendix’ (see MPEP ยง 608.05(a)), along with the separate cover sheet required by 37 CFR 1.55(j), may be filed as a single PDF image file via the USPTO patent electronic filing system.
For more information on electronic filing, refer to MPEP ยง 502.05.
To learn more:
Can I file a provisional application electronically?
Yes, you can file a provisional application electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP 201.04 states:
“Applicants can file provisional applications electronically using EFS-Web or Patent Center.”
Electronic filing offers several advantages, including:
- Immediate confirmation of receipt
- Potential for reduced filing fees
- Faster processing times
- 24/7 availability
To file electronically, you’ll need to prepare your application documents in the appropriate format and submit them through the USPTO’s EFS-Web system or Patent Center.
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on Patent Center, visit: Patent Center.
For more information on provisional application, visit: provisional application.
MPEP 200 - Types and Status of Application; Benefit and Priority Claims (1)
When filing an interim copy via the USPTO patent electronic filing system:
- The main parts of the foreign priority application (Abstract, Drawings, Specification, Claims, etc.) along with the cover sheet may be filed as a single PDF image file.
- Select the document description ‘Interim Copy of the Foreign Priority Application’ when indexing.
- For plain text files (e.g., Sequence Listings), file as a .txt file and select ‘Interim Copy of the Foreign Priority (text file)’ as the document description.
- XML files (e.g., Standard ST.26 Sequence Listing) should be filed on a read-only optical disc as part of the ‘Interim Copy of Foreign Priority.’
See MPEP ยง 502.05 for more information on filing documents electronically.
MPEP 201 - Types of Applications (1)
Can I file a provisional application electronically?
Yes, you can file a provisional application electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP 201.04 states:
“Applicants can file provisional applications electronically using EFS-Web or Patent Center.”
Electronic filing offers several advantages, including:
- Immediate confirmation of receipt
- Potential for reduced filing fees
- Faster processing times
- 24/7 availability
To file electronically, you’ll need to prepare your application documents in the appropriate format and submit them through the USPTO’s EFS-Web system or Patent Center.
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on Patent Center, visit: Patent Center.
For more information on provisional application, visit: provisional application.
MPEP 215-Certified Copy of Foreign Application (1)
When filing an interim copy via the USPTO patent electronic filing system:
- The main parts of the foreign priority application (Abstract, Drawings, Specification, Claims, etc.) along with the cover sheet may be filed as a single PDF image file.
- Select the document description ‘Interim Copy of the Foreign Priority Application’ when indexing.
- For plain text files (e.g., Sequence Listings), file as a .txt file and select ‘Interim Copy of the Foreign Priority (text file)’ as the document description.
- XML files (e.g., Standard ST.26 Sequence Listing) should be filed on a read-only optical disc as part of the ‘Interim Copy of Foreign Priority.’
See MPEP ยง 502.05 for more information on filing documents electronically.
MPEP 300 - Ownership and Assignment (2)
The USPTO accepts several methods for submitting documents for recordation. According to MPEP 302.06:
- Electronic submission
- Paper submission
- Facsimile (fax) submission
The MPEP states: See MPEP ยงยง 302.08 – 302.10 for additional information regarding the acceptable ways to submit documents for recordation.
It’s important to note that the method of submission can affect the recording fee. Electronic submissions currently have a $0 fee, while paper and fax submissions may incur a fee as set forth in 37 CFR 1.21(h)(2).
To learn more:
Can an assignment be recorded electronically with the USPTO?
Yes, assignments can be recorded electronically with the USPTO. The MPEP 302 states:
“The USPTO provides for the electronic filing of patent assignment documents through the Electronic Patent Assignment System (EPAS).”
Electronic filing offers several advantages:
- Faster processing times
- Immediate confirmation of receipt
- Reduced risk of errors in data entry
- 24/7 accessibility
To use EPAS, users must have a USPTO.gov account and follow the specific guidelines for electronic submission. For detailed instructions, visit the Electronic Patent Assignment System (EPAS) on the USPTO website.
For more information on electronic filing, visit: electronic filing.
For more information on EPAS, visit: EPAS.
For more information on patent assignment, visit: patent assignment.
For more information on USPTO, visit: USPTO.
MPEP 302 - Recording of Assignment Documents (1)
Can an assignment be recorded electronically with the USPTO?
Yes, assignments can be recorded electronically with the USPTO. The MPEP 302 states:
“The USPTO provides for the electronic filing of patent assignment documents through the Electronic Patent Assignment System (EPAS).”
Electronic filing offers several advantages:
- Faster processing times
- Immediate confirmation of receipt
- Reduced risk of errors in data entry
- 24/7 accessibility
To use EPAS, users must have a USPTO.gov account and follow the specific guidelines for electronic submission. For detailed instructions, visit the Electronic Patent Assignment System (EPAS) on the USPTO website.
For more information on electronic filing, visit: electronic filing.
For more information on EPAS, visit: EPAS.
For more information on patent assignment, visit: patent assignment.
For more information on USPTO, visit: USPTO.
MPEP 500 - Receipt and Handling of Mail and Papers (12)
The following types of patent applications and documents can be filed via EFS-Web:
- Provisional patent applications under 35 U.S.C. 111(b)
- Nonprovisional utility patent applications under 35 U.S.C. 111(a)
- Nonprovisional design patent applications under 35 U.S.C. 111(a)
- International applications filed under the PCT in the United States Receiving Office
- National stage submissions under 35 U.S.C. 371
- International design applications filed under the Hague Agreement
- Requests for ex parte reexamination for utility or design patents
- Requests for supplemental examination for utility, design, or plant patents
- Third-party preissuance submissions under 35 U.S.C. 122(e)
- Citation of prior art and written statements in patent files under 37 CFR 1.501
Follow-on documents can also be filed via EFS-Web for existing applications by registered users.
What is the Certificate of Mailing procedure for USPTO filings?
The Certificate of Mailing procedure is a method that allows applicants to establish the date of filing for correspondence sent to the USPTO. As explained in MPEP 501:
‘Under the procedure, correspondence is considered as being timely filed if (A) the correspondence is mailed or transmitted prior to expiration of the set period for response by being: (1) Addressed as set out in 37 CFR 1.1(a) and deposited with the U.S. Postal Service with sufficient postage as first class mail; or (2) Transmitted by facsimile to the Patent and Trademark Office in accordance with 37 CFR 1.6(d); or (3) Transmitted via the Office electronic filing system in accordance with 37 CFR 1.6(a)(4); and (B) the correspondence includes a certificate for each piece of correspondence stating the date of deposit or transmission.’
This procedure is particularly useful for ensuring timely filing when using postal services. It’s important to note that the certificate must be signed by the person depositing or transmitting the correspondence.
For more information on Certificate of Mailing, visit: Certificate of Mailing.
For more information on electronic filing, visit: electronic filing.
The USPTO offers an additional fee reduction for small entities that file patent applications electronically. According to MPEP 509.02:
The Consolidated Appropriations Act, 2005, provides that the filing fee charged under 35 U.S.C. 41(a)(1)(A) shall be reduced by 75 percent with respect to its application to any small entity ‘if the application is filed by electronic means as prescribed by the Director’ (35 U.S.C. 41(h)(3)).
This 75% reduction applies specifically to the filing fee for nonprovisional original utility applications filed electronically by small entities on or after December 8, 2004. It’s important to note that this enhanced reduction does not apply to design applications, plant applications, reissue applications, or provisional applications.
To learn more:
The USPTO accepts two types of signatures for patent correspondence:
- Handwritten signature: An original signature personally signed in permanent dark ink or its equivalent.
- S-signature: A signature inserted between forward slash marks, which can include electronic or mechanical signatures.
As stated in 37 CFR 1.4(d): “Correspondence filed in the Office, which requires a person’s signature, may be filed with one of two types of signatures: (A) handwritten signature; and (B) ‘S-signature.'”
To learn more:
What are the acceptable methods for filing papers with the USPTO?
The USPTO accepts several methods for filing papers:
- Hand-delivery to the USPTO office in Alexandria, Virginia
- First-class mail through the United States Postal Service (USPS)
- Express Mail service of the USPS
- Electronic filing through the USPTO’s Electronic Filing System (EFS-Web)
As stated in MPEP 501: ‘Papers may be filed using first class mail through the United States Postal Service.’ The MPEP also notes that ‘Correspondence may be hand-carried to the Office.’ For electronic filing, it’s important to note that ‘EFS-Web can be used to file new applications, enter the national stage under 35 U.S.C. 371, and submit most follow-on documents in patent applications.’
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on Express Mail, visit: Express Mail.
For more information on first-class mail, visit: first-class mail.
For more information on hand-delivery, visit: hand-delivery.
For correspondence that requires immediate attention from the USPTO, such as certain petitions or time-sensitive documents, the following methods are recommended:
- Use the USPTO patent electronic filing system (EFS-Web or Patent Center). This is the preferred method for most immediate correspondence.
- Where permitted, use facsimile transmission to the appropriate area of the Office.
- Hand-carry the documents to the USPTO in Alexandria, VA.
The MPEP states: Applicants are encouraged to transmit these types of correspondence by the USPTO patent electronic filing system (see MPEP ยง 502.05). Where permitted, patent-related correspondence that requires immediate Office attention may also be submitted to the appropriate area of the Office for processing by facsimile transmission (see MPEP ยง 502.01, subsections I.B and II) or hand-carried (see MPEP ยง 502), subsection III).
Examples of correspondence requiring immediate attention include:
- Petitions for express abandonment to avoid publication
- Petitions to withdraw an application from issue
- Requests for expedited examination of a design application
- Certain papers required by the Office of Data Management
To learn more:
Patent applications are initially processed by the USPTO through electronic scanning and loading into the Image File Wrapper (IFW) system. According to MPEP 508, “All applications are electronically scanned and loaded into the Image File Wrapper (IFW) system upon filing. Once documents are loaded into the IFW system, examiners, technical support staff, and other Office personnel will perform further processing and examination using the IFW system.”
The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4):
Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in ยง 1.1 when it was officially submitted.
The MPEP further clarifies: Similarly, correspondence submitted via the USPTO electronic filing system (EFS-Web) will be accorded a receipt date on the date the correspondence is received at the correspondence address for the Office set forth in 37 CFR 1.1 (i.e., local time in Alexandria, VA), without regard to whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.
Electronically filed patent applications receive special treatment for date-stamping at the USPTO. According to MPEP 505, Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in ยง 1.1 when it was officially submitted.
Key points about electronic filing date-stamping:
- The receipt date is based on the time in Alexandria, VA (USPTO’s location)
- Electronic submissions can receive a date stamp on any day, including weekends and holidays
- The electronic filing system (EFS-Web) must be used in accordance with USPTO requirements
For more details on electronic filing, refer to MPEP ยง 502.05.
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on USPTO, visit: USPTO.
Yes, you can use email to respond to Office actions from the USPTO, but certain conditions must be met:
- You must have a written authorization on file for Internet communication.
- The response must be submitted through the USPTO’s secure email system or the Electronic Filing System (EFS-Web).
- The email must include all necessary information and attachments as required for the response.
MPEP 502.03 states: “Replies to Office actions may NOT be submitted by email unless specifically authorized.” This means that without proper authorization, email responses to Office actions will not be accepted.
It’s important to note that while email can be used, the USPTO recommends using EFS-Web for most communications, including responses to Office actions, as it provides a more secure and efficient method of submission.
To learn more:
Yes, you can use a handwritten signature for electronically filed patent documents. The USPTO accepts a graphic representation of a handwritten signature when submitted via the USPTO patent electronic filing system.
According to 37 CFR 1.4(d)(3): “A graphic representation of a handwritten signature as provided for in 37 CFR 1.4(d)(1) will be accepted when submitted via the USPTO patent electronic filing system.”
This allows for the use of traditional handwritten signatures in electronic filings, providing flexibility for applicants and practitioners.
To learn more:
Yes, you can use a Certificate of Transmission for documents filed electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP provides a suggested format for a Certificate of EFS-Web Transmission:
I hereby certify that this correspondence is being transmitted via the U.S. Patent and Trademark Office electronic filing system (EFS-Web) to the USPTO on [Date].
However, it’s important to note that EFS-Web submissions have their own timestamp system. According to 37 CFR 1.6(a)(4):
Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in ยง 1.1 when it was officially submitted.
This date can be a Saturday, Sunday, or federal holiday within the District of Columbia. The certificate can provide an additional layer of documentation for your submission date, but the EFS-Web timestamp is generally considered authoritative for determining the receipt date of electronic submissions.
MPEP 501 - Filing Papers With the U.S. Patent and Trademark Office (3)
What is the Certificate of Mailing procedure for USPTO filings?
The Certificate of Mailing procedure is a method that allows applicants to establish the date of filing for correspondence sent to the USPTO. As explained in MPEP 501:
‘Under the procedure, correspondence is considered as being timely filed if (A) the correspondence is mailed or transmitted prior to expiration of the set period for response by being: (1) Addressed as set out in 37 CFR 1.1(a) and deposited with the U.S. Postal Service with sufficient postage as first class mail; or (2) Transmitted by facsimile to the Patent and Trademark Office in accordance with 37 CFR 1.6(d); or (3) Transmitted via the Office electronic filing system in accordance with 37 CFR 1.6(a)(4); and (B) the correspondence includes a certificate for each piece of correspondence stating the date of deposit or transmission.’
This procedure is particularly useful for ensuring timely filing when using postal services. It’s important to note that the certificate must be signed by the person depositing or transmitting the correspondence.
For more information on Certificate of Mailing, visit: Certificate of Mailing.
For more information on electronic filing, visit: electronic filing.
What are the acceptable methods for filing papers with the USPTO?
The USPTO accepts several methods for filing papers:
- Hand-delivery to the USPTO office in Alexandria, Virginia
- First-class mail through the United States Postal Service (USPS)
- Express Mail service of the USPS
- Electronic filing through the USPTO’s Electronic Filing System (EFS-Web)
As stated in MPEP 501: ‘Papers may be filed using first class mail through the United States Postal Service.’ The MPEP also notes that ‘Correspondence may be hand-carried to the Office.’ For electronic filing, it’s important to note that ‘EFS-Web can be used to file new applications, enter the national stage under 35 U.S.C. 371, and submit most follow-on documents in patent applications.’
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on Express Mail, visit: Express Mail.
For more information on first-class mail, visit: first-class mail.
For more information on hand-delivery, visit: hand-delivery.
For correspondence that requires immediate attention from the USPTO, such as certain petitions or time-sensitive documents, the following methods are recommended:
- Use the USPTO patent electronic filing system (EFS-Web or Patent Center). This is the preferred method for most immediate correspondence.
- Where permitted, use facsimile transmission to the appropriate area of the Office.
- Hand-carry the documents to the USPTO in Alexandria, VA.
The MPEP states: Applicants are encouraged to transmit these types of correspondence by the USPTO patent electronic filing system (see MPEP ยง 502.05). Where permitted, patent-related correspondence that requires immediate Office attention may also be submitted to the appropriate area of the Office for processing by facsimile transmission (see MPEP ยง 502.01, subsections I.B and II) or hand-carried (see MPEP ยง 502), subsection III).
Examples of correspondence requiring immediate attention include:
- Petitions for express abandonment to avoid publication
- Petitions to withdraw an application from issue
- Requests for expedited examination of a design application
- Certain papers required by the Office of Data Management
To learn more:
MPEP 502 - Depositing Correspondence (1)
The following types of patent applications and documents can be filed via EFS-Web:
- Provisional patent applications under 35 U.S.C. 111(b)
- Nonprovisional utility patent applications under 35 U.S.C. 111(a)
- Nonprovisional design patent applications under 35 U.S.C. 111(a)
- International applications filed under the PCT in the United States Receiving Office
- National stage submissions under 35 U.S.C. 371
- International design applications filed under the Hague Agreement
- Requests for ex parte reexamination for utility or design patents
- Requests for supplemental examination for utility, design, or plant patents
- Third-party preissuance submissions under 35 U.S.C. 122(e)
- Citation of prior art and written statements in patent files under 37 CFR 1.501
Follow-on documents can also be filed via EFS-Web for existing applications by registered users.
MPEP 505 - Date of Receipt Stamp (2)
The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4):
Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in ยง 1.1 when it was officially submitted.
The MPEP further clarifies: Similarly, correspondence submitted via the USPTO electronic filing system (EFS-Web) will be accorded a receipt date on the date the correspondence is received at the correspondence address for the Office set forth in 37 CFR 1.1 (i.e., local time in Alexandria, VA), without regard to whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.
Electronically filed patent applications receive special treatment for date-stamping at the USPTO. According to MPEP 505, Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in ยง 1.1 when it was officially submitted.
Key points about electronic filing date-stamping:
- The receipt date is based on the time in Alexandria, VA (USPTO’s location)
- Electronic submissions can receive a date stamp on any day, including weekends and holidays
- The electronic filing system (EFS-Web) must be used in accordance with USPTO requirements
For more details on electronic filing, refer to MPEP ยง 502.05.
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on USPTO, visit: USPTO.
MPEP 508 - Distribution (1)
Patent applications are initially processed by the USPTO through electronic scanning and loading into the Image File Wrapper (IFW) system. According to MPEP 508, “All applications are electronically scanned and loaded into the Image File Wrapper (IFW) system upon filing. Once documents are loaded into the IFW system, examiners, technical support staff, and other Office personnel will perform further processing and examination using the IFW system.”
MPEP 512 - Certificate of Mailing or Transmission (1)
Yes, you can use a Certificate of Transmission for documents filed electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP provides a suggested format for a Certificate of EFS-Web Transmission:
I hereby certify that this correspondence is being transmitted via the U.S. Patent and Trademark Office electronic filing system (EFS-Web) to the USPTO on [Date].
However, it’s important to note that EFS-Web submissions have their own timestamp system. According to 37 CFR 1.6(a)(4):
Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in ยง 1.1 when it was officially submitted.
This date can be a Saturday, Sunday, or federal holiday within the District of Columbia. The certificate can provide an additional layer of documentation for your submission date, but the EFS-Web timestamp is generally considered authoritative for determining the receipt date of electronic submissions.
Patent Law (23)
The following types of patent applications and documents can be filed via EFS-Web:
- Provisional patent applications under 35 U.S.C. 111(b)
- Nonprovisional utility patent applications under 35 U.S.C. 111(a)
- Nonprovisional design patent applications under 35 U.S.C. 111(a)
- International applications filed under the PCT in the United States Receiving Office
- National stage submissions under 35 U.S.C. 371
- International design applications filed under the Hague Agreement
- Requests for ex parte reexamination for utility or design patents
- Requests for supplemental examination for utility, design, or plant patents
- Third-party preissuance submissions under 35 U.S.C. 122(e)
- Citation of prior art and written statements in patent files under 37 CFR 1.501
Follow-on documents can also be filed via EFS-Web for existing applications by registered users.
The non-electronic filing fee is an additional fee charged for patent applications not filed by electronic means. This fee was established by the Leahy-Smith America Invents Act and is codified in 37 CFR 1.16(t).
The MPEP states: Section 10(h) of Public Law 112-29, September 16, 2011 (the Leahy-Smith America Invents Act) provides that an additional fee of $400 ($200 for a small entity) shall be established for each application for an original (i.e., non-reissue) patent, except for a design, plant, or provisional application, not filed by electronic means.
This fee applies to:
- Applications under 35 U.S.C. 111(a) filed on or after November 15, 2011, other than by the USPTO patent electronic filing system.
- International applications filed with the USPTO as receiving Office on or after November 15, 2011, as part of the transmittal fee.
To learn more:
The Image File Wrapper (IFW) system is an electronic system used by the USPTO to store and process patent application files. Key points about the IFW system and its impact on public access include:
- Paper components of application files are scanned to create electronic image files
- For IFW applications, the electronic file is the Official file
- No access is granted to original paper documents used to create the IFW file
- Processing and examination are conducted using electronic images
- IFW files for patented applications, published applications, or applications referenced in published documents are accessible through Patent Center on the USPTO website
- All patent applications filed after June 30, 2003, have been scanned into the IFW system
The IFW system has made it easier for the public to access eligible patent application files online through Patent Center, eliminating the need to physically inspect paper files in many cases.
What is the Certificate of Mailing procedure for USPTO filings?
The Certificate of Mailing procedure is a method that allows applicants to establish the date of filing for correspondence sent to the USPTO. As explained in MPEP 501:
‘Under the procedure, correspondence is considered as being timely filed if (A) the correspondence is mailed or transmitted prior to expiration of the set period for response by being: (1) Addressed as set out in 37 CFR 1.1(a) and deposited with the U.S. Postal Service with sufficient postage as first class mail; or (2) Transmitted by facsimile to the Patent and Trademark Office in accordance with 37 CFR 1.6(d); or (3) Transmitted via the Office electronic filing system in accordance with 37 CFR 1.6(a)(4); and (B) the correspondence includes a certificate for each piece of correspondence stating the date of deposit or transmission.’
This procedure is particularly useful for ensuring timely filing when using postal services. It’s important to note that the certificate must be signed by the person depositing or transmitting the correspondence.
For more information on Certificate of Mailing, visit: Certificate of Mailing.
For more information on electronic filing, visit: electronic filing.
The USPTO offers an additional fee reduction for small entities that file patent applications electronically. According to MPEP 509.02:
The Consolidated Appropriations Act, 2005, provides that the filing fee charged under 35 U.S.C. 41(a)(1)(A) shall be reduced by 75 percent with respect to its application to any small entity ‘if the application is filed by electronic means as prescribed by the Director’ (35 U.S.C. 41(h)(3)).
This 75% reduction applies specifically to the filing fee for nonprovisional original utility applications filed electronically by small entities on or after December 8, 2004. It’s important to note that this enhanced reduction does not apply to design applications, plant applications, reissue applications, or provisional applications.
To learn more:
An e-IDS (electronic Information Disclosure Statement) is a way to submit information disclosure statements to the USPTO electronically. According to MPEP 609.07:
Information disclosure statements may be submitted to the Office via the USPTO patent electronic filing system. Applicants can file an e-IDS using EFS-Web by (A) entering the references’ citation information in an electronic data entry form, equivalent to the paper PTO/SB/08 form, and (B) transmitting the electronic data entry form to the Office.
This electronic submission method allows for efficient filing of IDSs, particularly for U.S. patents and patent application publications.
To learn more:
The USPTO accepts two types of signatures for patent correspondence:
- Handwritten signature: An original signature personally signed in permanent dark ink or its equivalent.
- S-signature: A signature inserted between forward slash marks, which can include electronic or mechanical signatures.
As stated in 37 CFR 1.4(d): “Correspondence filed in the Office, which requires a person’s signature, may be filed with one of two types of signatures: (A) handwritten signature; and (B) ‘S-signature.'”
To learn more:
Electronic submission of an Information Disclosure Statement (IDS) is limited to specific methods and formats. The MPEP states:
‘Electronic means or medium for filing IDSs are not permitted except for: (A) IDSs electronically submitted using the USPTO patent electronic filing system (see MPEP ยง 609.07); or (B) copies of large tables, computer program listings, and sequence listings submitted as a PDF file and a “Sequence Listing XML” submitted as an XML file on a read-only optical disc in compliance with 37 CFR 1.52(e)(2) and (3) which are cited in a paper IDS.‘ (MPEP 609.04(a))
Key points for electronic IDS submission:
- Use the USPTO patent electronic filing system for general IDS submissions
- Large tables, computer program listings, and sequence listings can be submitted as PDF files
- “Sequence Listing XML” must be submitted as an XML file on a read-only optical disc
- A read-only optical disc cannot be used to submit an IDS listing or copies of documents (except for the items mentioned above)
- Published information, such as software output or videos, must be reduced to writing (e.g., screen shots, transcripts)
It’s important to follow these guidelines to ensure proper processing of your IDS by the USPTO.
To learn more:
The USPTO accepts two primary methods for submitting biological sequence listings in patent applications:
- USPTO patent electronic filing system: This is the preferred method for submitting sequence listings.
- Read-only optical disc: An alternative method if electronic filing is not possible.
These submission methods apply to both pre-July 1, 2022, and post-July 1, 2022 applications. As stated in MPEP 608.05(c): “[…] submission must be submitted via the USPTO patent electronic filing system or on read-only optical disc.”
It’s important to note that the file format requirements differ based on the application filing date, but the submission methods remain the same.
To learn more:
The USPTO accepts several methods for submitting documents for recordation. According to MPEP 302.06:
- Electronic submission
- Paper submission
- Facsimile (fax) submission
The MPEP states: See MPEP ยงยง 302.08 – 302.10 for additional information regarding the acceptable ways to submit documents for recordation.
It’s important to note that the method of submission can affect the recording fee. Electronic submissions currently have a $0 fee, while paper and fax submissions may incur a fee as set forth in 37 CFR 1.21(h)(2).
To learn more:
What are the acceptable methods for filing papers with the USPTO?
The USPTO accepts several methods for filing papers:
- Hand-delivery to the USPTO office in Alexandria, Virginia
- First-class mail through the United States Postal Service (USPS)
- Express Mail service of the USPS
- Electronic filing through the USPTO’s Electronic Filing System (EFS-Web)
As stated in MPEP 501: ‘Papers may be filed using first class mail through the United States Postal Service.’ The MPEP also notes that ‘Correspondence may be hand-carried to the Office.’ For electronic filing, it’s important to note that ‘EFS-Web can be used to file new applications, enter the national stage under 35 U.S.C. 371, and submit most follow-on documents in patent applications.’
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on Express Mail, visit: Express Mail.
For more information on first-class mail, visit: first-class mail.
For more information on hand-delivery, visit: hand-delivery.
When filing an interim copy via the USPTO patent electronic filing system:
- The main parts of the foreign priority application (Abstract, Drawings, Specification, Claims, etc.) along with the cover sheet may be filed as a single PDF image file.
- Select the document description ‘Interim Copy of the Foreign Priority Application’ when indexing.
- For plain text files (e.g., Sequence Listings), file as a .txt file and select ‘Interim Copy of the Foreign Priority (text file)’ as the document description.
- XML files (e.g., Standard ST.26 Sequence Listing) should be filed on a read-only optical disc as part of the ‘Interim Copy of Foreign Priority.’
See MPEP ยง 502.05 for more information on filing documents electronically.
For correspondence that requires immediate attention from the USPTO, such as certain petitions or time-sensitive documents, the following methods are recommended:
- Use the USPTO patent electronic filing system (EFS-Web or Patent Center). This is the preferred method for most immediate correspondence.
- Where permitted, use facsimile transmission to the appropriate area of the Office.
- Hand-carry the documents to the USPTO in Alexandria, VA.
The MPEP states: Applicants are encouraged to transmit these types of correspondence by the USPTO patent electronic filing system (see MPEP ยง 502.05). Where permitted, patent-related correspondence that requires immediate Office attention may also be submitted to the appropriate area of the Office for processing by facsimile transmission (see MPEP ยง 502.01, subsections I.B and II) or hand-carried (see MPEP ยง 502), subsection III).
Examples of correspondence requiring immediate attention include:
- Petitions for express abandonment to avoid publication
- Petitions to withdraw an application from issue
- Requests for expedited examination of a design application
- Certain papers required by the Office of Data Management
To learn more:
Filing an interim copy of a foreign application electronically can be done through the USPTO patent electronic filing system. The MPEP provides guidance on how to file different parts of the application:
- Main parts (Abstract, Drawings, Specification, Claims) and the cover sheet can be filed as a single PDF file.
- Text-only files (e.g., Sequence Listings, Large Tables) can be filed as .txt files.
- XML files (e.g., Standard ST.26 Sequence Listing) should be filed on a read-only optical disc.
The MPEP states: If not provided as a single paper document, the main parts of the interim copy of the foreign priority application, i.e., Abstract, Drawings, Specification, Claims, and where applicable, the foreign patent office’s equivalent to a ‘Sequence Listing’ (see MPEP ยง 2421.01 a ‘Sequence Listing XML’ (see MPEP ยง 2412), ‘Large Tables’ (see MPEP ยง 608.05(b)), or a ‘Computer Program Listing Appendix’ (see MPEP ยง 608.05(a)), along with the separate cover sheet required by 37 CFR 1.55(j), may be filed as a single PDF image file via the USPTO patent electronic filing system.
For more information on electronic filing, refer to MPEP ยง 502.05.
To learn more:
Patent applications are initially processed by the USPTO through electronic scanning and loading into the Image File Wrapper (IFW) system. According to MPEP 508, “All applications are electronically scanned and loaded into the Image File Wrapper (IFW) system upon filing. Once documents are loaded into the IFW system, examiners, technical support staff, and other Office personnel will perform further processing and examination using the IFW system.”
The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4):
Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in ยง 1.1 when it was officially submitted.
The MPEP further clarifies: Similarly, correspondence submitted via the USPTO electronic filing system (EFS-Web) will be accorded a receipt date on the date the correspondence is received at the correspondence address for the Office set forth in 37 CFR 1.1 (i.e., local time in Alexandria, VA), without regard to whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.
Electronically filed patent applications receive special treatment for date-stamping at the USPTO. According to MPEP 505, Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in ยง 1.1 when it was officially submitted.
Key points about electronic filing date-stamping:
- The receipt date is based on the time in Alexandria, VA (USPTO’s location)
- Electronic submissions can receive a date stamp on any day, including weekends and holidays
- The electronic filing system (EFS-Web) must be used in accordance with USPTO requirements
For more details on electronic filing, refer to MPEP ยง 502.05.
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on USPTO, visit: USPTO.
Yes, you can use email to respond to Office actions from the USPTO, but certain conditions must be met:
- You must have a written authorization on file for Internet communication.
- The response must be submitted through the USPTO’s secure email system or the Electronic Filing System (EFS-Web).
- The email must include all necessary information and attachments as required for the response.
MPEP 502.03 states: “Replies to Office actions may NOT be submitted by email unless specifically authorized.” This means that without proper authorization, email responses to Office actions will not be accepted.
It’s important to note that while email can be used, the USPTO recommends using EFS-Web for most communications, including responses to Office actions, as it provides a more secure and efficient method of submission.
To learn more:
Yes, you can use a handwritten signature for electronically filed patent documents. The USPTO accepts a graphic representation of a handwritten signature when submitted via the USPTO patent electronic filing system.
According to 37 CFR 1.4(d)(3): “A graphic representation of a handwritten signature as provided for in 37 CFR 1.4(d)(1) will be accepted when submitted via the USPTO patent electronic filing system.”
This allows for the use of traditional handwritten signatures in electronic filings, providing flexibility for applicants and practitioners.
To learn more:
Yes, you can use a Certificate of Transmission for documents filed electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP provides a suggested format for a Certificate of EFS-Web Transmission:
I hereby certify that this correspondence is being transmitted via the U.S. Patent and Trademark Office electronic filing system (EFS-Web) to the USPTO on [Date].
However, it’s important to note that EFS-Web submissions have their own timestamp system. According to 37 CFR 1.6(a)(4):
Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in ยง 1.1 when it was officially submitted.
This date can be a Saturday, Sunday, or federal holiday within the District of Columbia. The certificate can provide an additional layer of documentation for your submission date, but the EFS-Web timestamp is generally considered authoritative for determining the receipt date of electronic submissions.
Can I file a provisional application electronically?
Yes, you can file a provisional application electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP 201.04 states:
“Applicants can file provisional applications electronically using EFS-Web or Patent Center.”
Electronic filing offers several advantages, including:
- Immediate confirmation of receipt
- Potential for reduced filing fees
- Faster processing times
- 24/7 availability
To file electronically, you’ll need to prepare your application documents in the appropriate format and submit them through the USPTO’s EFS-Web system or Patent Center.
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on Patent Center, visit: Patent Center.
For more information on provisional application, visit: provisional application.
Can an assignment be recorded electronically with the USPTO?
Yes, assignments can be recorded electronically with the USPTO. The MPEP 302 states:
“The USPTO provides for the electronic filing of patent assignment documents through the Electronic Patent Assignment System (EPAS).”
Electronic filing offers several advantages:
- Faster processing times
- Immediate confirmation of receipt
- Reduced risk of errors in data entry
- 24/7 accessibility
To use EPAS, users must have a USPTO.gov account and follow the specific guidelines for electronic submission. For detailed instructions, visit the Electronic Patent Assignment System (EPAS) on the USPTO website.
For more information on electronic filing, visit: electronic filing.
For more information on EPAS, visit: EPAS.
For more information on patent assignment, visit: patent assignment.
For more information on USPTO, visit: USPTO.
Can a provisional application be filed electronically?
Yes, provisional applications can be filed electronically. The MPEP 601.01(b) states:
“A provisional application may be filed electronically using the EFS-Web or Patent Center.”
Electronic filing offers several advantages, including:
- Immediate confirmation of receipt
- Potentially lower filing fees
- Faster processing times
Applicants should ensure they follow the USPTO’s guidelines for electronic filing to ensure proper submission and processing of their provisional application.
To learn more:
Patent Procedure (23)
The following types of patent applications and documents can be filed via EFS-Web:
- Provisional patent applications under 35 U.S.C. 111(b)
- Nonprovisional utility patent applications under 35 U.S.C. 111(a)
- Nonprovisional design patent applications under 35 U.S.C. 111(a)
- International applications filed under the PCT in the United States Receiving Office
- National stage submissions under 35 U.S.C. 371
- International design applications filed under the Hague Agreement
- Requests for ex parte reexamination for utility or design patents
- Requests for supplemental examination for utility, design, or plant patents
- Third-party preissuance submissions under 35 U.S.C. 122(e)
- Citation of prior art and written statements in patent files under 37 CFR 1.501
Follow-on documents can also be filed via EFS-Web for existing applications by registered users.
The non-electronic filing fee is an additional fee charged for patent applications not filed by electronic means. This fee was established by the Leahy-Smith America Invents Act and is codified in 37 CFR 1.16(t).
The MPEP states: Section 10(h) of Public Law 112-29, September 16, 2011 (the Leahy-Smith America Invents Act) provides that an additional fee of $400 ($200 for a small entity) shall be established for each application for an original (i.e., non-reissue) patent, except for a design, plant, or provisional application, not filed by electronic means.
This fee applies to:
- Applications under 35 U.S.C. 111(a) filed on or after November 15, 2011, other than by the USPTO patent electronic filing system.
- International applications filed with the USPTO as receiving Office on or after November 15, 2011, as part of the transmittal fee.
To learn more:
The Image File Wrapper (IFW) system is an electronic system used by the USPTO to store and process patent application files. Key points about the IFW system and its impact on public access include:
- Paper components of application files are scanned to create electronic image files
- For IFW applications, the electronic file is the Official file
- No access is granted to original paper documents used to create the IFW file
- Processing and examination are conducted using electronic images
- IFW files for patented applications, published applications, or applications referenced in published documents are accessible through Patent Center on the USPTO website
- All patent applications filed after June 30, 2003, have been scanned into the IFW system
The IFW system has made it easier for the public to access eligible patent application files online through Patent Center, eliminating the need to physically inspect paper files in many cases.
What is the Certificate of Mailing procedure for USPTO filings?
The Certificate of Mailing procedure is a method that allows applicants to establish the date of filing for correspondence sent to the USPTO. As explained in MPEP 501:
‘Under the procedure, correspondence is considered as being timely filed if (A) the correspondence is mailed or transmitted prior to expiration of the set period for response by being: (1) Addressed as set out in 37 CFR 1.1(a) and deposited with the U.S. Postal Service with sufficient postage as first class mail; or (2) Transmitted by facsimile to the Patent and Trademark Office in accordance with 37 CFR 1.6(d); or (3) Transmitted via the Office electronic filing system in accordance with 37 CFR 1.6(a)(4); and (B) the correspondence includes a certificate for each piece of correspondence stating the date of deposit or transmission.’
This procedure is particularly useful for ensuring timely filing when using postal services. It’s important to note that the certificate must be signed by the person depositing or transmitting the correspondence.
For more information on Certificate of Mailing, visit: Certificate of Mailing.
For more information on electronic filing, visit: electronic filing.
The USPTO offers an additional fee reduction for small entities that file patent applications electronically. According to MPEP 509.02:
The Consolidated Appropriations Act, 2005, provides that the filing fee charged under 35 U.S.C. 41(a)(1)(A) shall be reduced by 75 percent with respect to its application to any small entity ‘if the application is filed by electronic means as prescribed by the Director’ (35 U.S.C. 41(h)(3)).
This 75% reduction applies specifically to the filing fee for nonprovisional original utility applications filed electronically by small entities on or after December 8, 2004. It’s important to note that this enhanced reduction does not apply to design applications, plant applications, reissue applications, or provisional applications.
To learn more:
An e-IDS (electronic Information Disclosure Statement) is a way to submit information disclosure statements to the USPTO electronically. According to MPEP 609.07:
Information disclosure statements may be submitted to the Office via the USPTO patent electronic filing system. Applicants can file an e-IDS using EFS-Web by (A) entering the references’ citation information in an electronic data entry form, equivalent to the paper PTO/SB/08 form, and (B) transmitting the electronic data entry form to the Office.
This electronic submission method allows for efficient filing of IDSs, particularly for U.S. patents and patent application publications.
To learn more:
The USPTO accepts two types of signatures for patent correspondence:
- Handwritten signature: An original signature personally signed in permanent dark ink or its equivalent.
- S-signature: A signature inserted between forward slash marks, which can include electronic or mechanical signatures.
As stated in 37 CFR 1.4(d): “Correspondence filed in the Office, which requires a person’s signature, may be filed with one of two types of signatures: (A) handwritten signature; and (B) ‘S-signature.'”
To learn more:
Electronic submission of an Information Disclosure Statement (IDS) is limited to specific methods and formats. The MPEP states:
‘Electronic means or medium for filing IDSs are not permitted except for: (A) IDSs electronically submitted using the USPTO patent electronic filing system (see MPEP ยง 609.07); or (B) copies of large tables, computer program listings, and sequence listings submitted as a PDF file and a “Sequence Listing XML” submitted as an XML file on a read-only optical disc in compliance with 37 CFR 1.52(e)(2) and (3) which are cited in a paper IDS.‘ (MPEP 609.04(a))
Key points for electronic IDS submission:
- Use the USPTO patent electronic filing system for general IDS submissions
- Large tables, computer program listings, and sequence listings can be submitted as PDF files
- “Sequence Listing XML” must be submitted as an XML file on a read-only optical disc
- A read-only optical disc cannot be used to submit an IDS listing or copies of documents (except for the items mentioned above)
- Published information, such as software output or videos, must be reduced to writing (e.g., screen shots, transcripts)
It’s important to follow these guidelines to ensure proper processing of your IDS by the USPTO.
To learn more:
The USPTO accepts two primary methods for submitting biological sequence listings in patent applications:
- USPTO patent electronic filing system: This is the preferred method for submitting sequence listings.
- Read-only optical disc: An alternative method if electronic filing is not possible.
These submission methods apply to both pre-July 1, 2022, and post-July 1, 2022 applications. As stated in MPEP 608.05(c): “[…] submission must be submitted via the USPTO patent electronic filing system or on read-only optical disc.”
It’s important to note that the file format requirements differ based on the application filing date, but the submission methods remain the same.
To learn more:
The USPTO accepts several methods for submitting documents for recordation. According to MPEP 302.06:
- Electronic submission
- Paper submission
- Facsimile (fax) submission
The MPEP states: See MPEP ยงยง 302.08 – 302.10 for additional information regarding the acceptable ways to submit documents for recordation.
It’s important to note that the method of submission can affect the recording fee. Electronic submissions currently have a $0 fee, while paper and fax submissions may incur a fee as set forth in 37 CFR 1.21(h)(2).
To learn more:
What are the acceptable methods for filing papers with the USPTO?
The USPTO accepts several methods for filing papers:
- Hand-delivery to the USPTO office in Alexandria, Virginia
- First-class mail through the United States Postal Service (USPS)
- Express Mail service of the USPS
- Electronic filing through the USPTO’s Electronic Filing System (EFS-Web)
As stated in MPEP 501: ‘Papers may be filed using first class mail through the United States Postal Service.’ The MPEP also notes that ‘Correspondence may be hand-carried to the Office.’ For electronic filing, it’s important to note that ‘EFS-Web can be used to file new applications, enter the national stage under 35 U.S.C. 371, and submit most follow-on documents in patent applications.’
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on Express Mail, visit: Express Mail.
For more information on first-class mail, visit: first-class mail.
For more information on hand-delivery, visit: hand-delivery.
When filing an interim copy via the USPTO patent electronic filing system:
- The main parts of the foreign priority application (Abstract, Drawings, Specification, Claims, etc.) along with the cover sheet may be filed as a single PDF image file.
- Select the document description ‘Interim Copy of the Foreign Priority Application’ when indexing.
- For plain text files (e.g., Sequence Listings), file as a .txt file and select ‘Interim Copy of the Foreign Priority (text file)’ as the document description.
- XML files (e.g., Standard ST.26 Sequence Listing) should be filed on a read-only optical disc as part of the ‘Interim Copy of Foreign Priority.’
See MPEP ยง 502.05 for more information on filing documents electronically.
For correspondence that requires immediate attention from the USPTO, such as certain petitions or time-sensitive documents, the following methods are recommended:
- Use the USPTO patent electronic filing system (EFS-Web or Patent Center). This is the preferred method for most immediate correspondence.
- Where permitted, use facsimile transmission to the appropriate area of the Office.
- Hand-carry the documents to the USPTO in Alexandria, VA.
The MPEP states: Applicants are encouraged to transmit these types of correspondence by the USPTO patent electronic filing system (see MPEP ยง 502.05). Where permitted, patent-related correspondence that requires immediate Office attention may also be submitted to the appropriate area of the Office for processing by facsimile transmission (see MPEP ยง 502.01, subsections I.B and II) or hand-carried (see MPEP ยง 502), subsection III).
Examples of correspondence requiring immediate attention include:
- Petitions for express abandonment to avoid publication
- Petitions to withdraw an application from issue
- Requests for expedited examination of a design application
- Certain papers required by the Office of Data Management
To learn more:
Filing an interim copy of a foreign application electronically can be done through the USPTO patent electronic filing system. The MPEP provides guidance on how to file different parts of the application:
- Main parts (Abstract, Drawings, Specification, Claims) and the cover sheet can be filed as a single PDF file.
- Text-only files (e.g., Sequence Listings, Large Tables) can be filed as .txt files.
- XML files (e.g., Standard ST.26 Sequence Listing) should be filed on a read-only optical disc.
The MPEP states: If not provided as a single paper document, the main parts of the interim copy of the foreign priority application, i.e., Abstract, Drawings, Specification, Claims, and where applicable, the foreign patent office’s equivalent to a ‘Sequence Listing’ (see MPEP ยง 2421.01 a ‘Sequence Listing XML’ (see MPEP ยง 2412), ‘Large Tables’ (see MPEP ยง 608.05(b)), or a ‘Computer Program Listing Appendix’ (see MPEP ยง 608.05(a)), along with the separate cover sheet required by 37 CFR 1.55(j), may be filed as a single PDF image file via the USPTO patent electronic filing system.
For more information on electronic filing, refer to MPEP ยง 502.05.
To learn more:
Patent applications are initially processed by the USPTO through electronic scanning and loading into the Image File Wrapper (IFW) system. According to MPEP 508, “All applications are electronically scanned and loaded into the Image File Wrapper (IFW) system upon filing. Once documents are loaded into the IFW system, examiners, technical support staff, and other Office personnel will perform further processing and examination using the IFW system.”
The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4):
Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in ยง 1.1 when it was officially submitted.
The MPEP further clarifies: Similarly, correspondence submitted via the USPTO electronic filing system (EFS-Web) will be accorded a receipt date on the date the correspondence is received at the correspondence address for the Office set forth in 37 CFR 1.1 (i.e., local time in Alexandria, VA), without regard to whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.
Electronically filed patent applications receive special treatment for date-stamping at the USPTO. According to MPEP 505, Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in ยง 1.1 when it was officially submitted.
Key points about electronic filing date-stamping:
- The receipt date is based on the time in Alexandria, VA (USPTO’s location)
- Electronic submissions can receive a date stamp on any day, including weekends and holidays
- The electronic filing system (EFS-Web) must be used in accordance with USPTO requirements
For more details on electronic filing, refer to MPEP ยง 502.05.
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on USPTO, visit: USPTO.
Yes, you can use email to respond to Office actions from the USPTO, but certain conditions must be met:
- You must have a written authorization on file for Internet communication.
- The response must be submitted through the USPTO’s secure email system or the Electronic Filing System (EFS-Web).
- The email must include all necessary information and attachments as required for the response.
MPEP 502.03 states: “Replies to Office actions may NOT be submitted by email unless specifically authorized.” This means that without proper authorization, email responses to Office actions will not be accepted.
It’s important to note that while email can be used, the USPTO recommends using EFS-Web for most communications, including responses to Office actions, as it provides a more secure and efficient method of submission.
To learn more:
Yes, you can use a handwritten signature for electronically filed patent documents. The USPTO accepts a graphic representation of a handwritten signature when submitted via the USPTO patent electronic filing system.
According to 37 CFR 1.4(d)(3): “A graphic representation of a handwritten signature as provided for in 37 CFR 1.4(d)(1) will be accepted when submitted via the USPTO patent electronic filing system.”
This allows for the use of traditional handwritten signatures in electronic filings, providing flexibility for applicants and practitioners.
To learn more:
Yes, you can use a Certificate of Transmission for documents filed electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP provides a suggested format for a Certificate of EFS-Web Transmission:
I hereby certify that this correspondence is being transmitted via the U.S. Patent and Trademark Office electronic filing system (EFS-Web) to the USPTO on [Date].
However, it’s important to note that EFS-Web submissions have their own timestamp system. According to 37 CFR 1.6(a)(4):
Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in ยง 1.1 when it was officially submitted.
This date can be a Saturday, Sunday, or federal holiday within the District of Columbia. The certificate can provide an additional layer of documentation for your submission date, but the EFS-Web timestamp is generally considered authoritative for determining the receipt date of electronic submissions.
Can I file a provisional application electronically?
Yes, you can file a provisional application electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP 201.04 states:
“Applicants can file provisional applications electronically using EFS-Web or Patent Center.”
Electronic filing offers several advantages, including:
- Immediate confirmation of receipt
- Potential for reduced filing fees
- Faster processing times
- 24/7 availability
To file electronically, you’ll need to prepare your application documents in the appropriate format and submit them through the USPTO’s EFS-Web system or Patent Center.
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on Patent Center, visit: Patent Center.
For more information on provisional application, visit: provisional application.
Can an assignment be recorded electronically with the USPTO?
Yes, assignments can be recorded electronically with the USPTO. The MPEP 302 states:
“The USPTO provides for the electronic filing of patent assignment documents through the Electronic Patent Assignment System (EPAS).”
Electronic filing offers several advantages:
- Faster processing times
- Immediate confirmation of receipt
- Reduced risk of errors in data entry
- 24/7 accessibility
To use EPAS, users must have a USPTO.gov account and follow the specific guidelines for electronic submission. For detailed instructions, visit the Electronic Patent Assignment System (EPAS) on the USPTO website.
For more information on electronic filing, visit: electronic filing.
For more information on EPAS, visit: EPAS.
For more information on patent assignment, visit: patent assignment.
For more information on USPTO, visit: USPTO.
Can a provisional application be filed electronically?
Yes, provisional applications can be filed electronically. The MPEP 601.01(b) states:
“A provisional application may be filed electronically using the EFS-Web or Patent Center.”
Electronic filing offers several advantages, including:
- Immediate confirmation of receipt
- Potentially lower filing fees
- Faster processing times
Applicants should ensure they follow the USPTO’s guidelines for electronic filing to ensure proper submission and processing of their provisional application.
To learn more: