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 (2)
What are the requirements for facsimile submission of assignment documents to the USPTO?
The USPTO has specific requirements for facsimile submission of assignment documents:
- The facsimile must be legible and complete.
- The document should be submitted to the Assignment Recordation Branch at the designated fax number.
- A cover sheet must accompany the submission, stating the total number of pages, including the cover sheet.
- The original document is not required unless specifically requested by the Office.
As stated in MPEP 302.09: “The date of receipt accorded to an assignment document sent to the Office by facsimile transmission is the date the complete transmission is received in the Office.”
To learn more:
Can I submit color documents via facsimile for patent assignments?
Submitting color documents via facsimile for patent assignments is not recommended. The MPEP 302.09 states:
“Assignments and other documents affecting title to applications, patents, and registrations that include color drawings or color photographs cannot be recorded by facsimile transmission.”
This restriction is due to the limitations of facsimile technology in accurately reproducing color. To ensure the integrity and legibility of color documents:
- Submit original color documents in person or by mail to the USPTO.
- Use the Electronic Patent Assignment System (EPAS) for electronic submissions that may include color elements.
- If color is not essential to the document, consider converting it to black and white before faxing.
Always verify the current USPTO guidelines for document submission, as procedures may be updated over time.
To learn more:
MPEP 500 - Receipt and Handling of Mail and Papers (2)
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 § 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 § 502.01, subsections I.B and II) or hand-carried (see MPEP § 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:
The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3):
Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.
This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day.
MPEP 501 - Filing Papers With the U.S. Patent and Trademark Office (1)
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 § 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 § 502.01, subsections I.B and II) or hand-carried (see MPEP § 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 505 - Date of Receipt Stamp (1)
The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3):
Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.
This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day.
Patent Law (4)
What are the requirements for facsimile submission of assignment documents to the USPTO?
The USPTO has specific requirements for facsimile submission of assignment documents:
- The facsimile must be legible and complete.
- The document should be submitted to the Assignment Recordation Branch at the designated fax number.
- A cover sheet must accompany the submission, stating the total number of pages, including the cover sheet.
- The original document is not required unless specifically requested by the Office.
As stated in MPEP 302.09: “The date of receipt accorded to an assignment document sent to the Office by facsimile transmission is the date the complete transmission is received in the Office.”
To learn more:
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 § 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 § 502.01, subsections I.B and II) or hand-carried (see MPEP § 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:
The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3):
Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.
This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day.
Can I submit color documents via facsimile for patent assignments?
Submitting color documents via facsimile for patent assignments is not recommended. The MPEP 302.09 states:
“Assignments and other documents affecting title to applications, patents, and registrations that include color drawings or color photographs cannot be recorded by facsimile transmission.”
This restriction is due to the limitations of facsimile technology in accurately reproducing color. To ensure the integrity and legibility of color documents:
- Submit original color documents in person or by mail to the USPTO.
- Use the Electronic Patent Assignment System (EPAS) for electronic submissions that may include color elements.
- If color is not essential to the document, consider converting it to black and white before faxing.
Always verify the current USPTO guidelines for document submission, as procedures may be updated over time.
To learn more:
Patent Procedure (4)
What are the requirements for facsimile submission of assignment documents to the USPTO?
The USPTO has specific requirements for facsimile submission of assignment documents:
- The facsimile must be legible and complete.
- The document should be submitted to the Assignment Recordation Branch at the designated fax number.
- A cover sheet must accompany the submission, stating the total number of pages, including the cover sheet.
- The original document is not required unless specifically requested by the Office.
As stated in MPEP 302.09: “The date of receipt accorded to an assignment document sent to the Office by facsimile transmission is the date the complete transmission is received in the Office.”
To learn more:
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 § 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 § 502.01, subsections I.B and II) or hand-carried (see MPEP § 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:
The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3):
Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.
This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day.
Can I submit color documents via facsimile for patent assignments?
Submitting color documents via facsimile for patent assignments is not recommended. The MPEP 302.09 states:
“Assignments and other documents affecting title to applications, patents, and registrations that include color drawings or color photographs cannot be recorded by facsimile transmission.”
This restriction is due to the limitations of facsimile technology in accurately reproducing color. To ensure the integrity and legibility of color documents:
- Submit original color documents in person or by mail to the USPTO.
- Use the Electronic Patent Assignment System (EPAS) for electronic submissions that may include color elements.
- If color is not essential to the document, consider converting it to black and white before faxing.
Always verify the current USPTO guidelines for document submission, as procedures may be updated over time.
To learn more: