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 150-Statements to DOE and NASA (1)
According to MPEP 150, property rights statements to DOE or NASA can be filed at any time, but they should be kept up-to-date to reflect accurate property rights at the time of application allowance. The MPEP states:
Property rights statements to DOE or NASA may be filed at any time but should be updated if necessary to accurately reflect property rights at the time the application is allowed.
Additionally, the USPTO typically sends an informal request for a property rights statement shortly after filing to applicants whose nonprovisional applications are marked as being of interest to DOE or NASA. While there’s no formal time period set, a response within 45 days is recommended to expedite processing.
For more information on filing deadlines, visit: filing deadlines.
For more information on patent applications, visit: patent applications.
MPEP 200 - Types and Status of Application; Benefit and Priority (1)
The time limits for filing an interim copy of a foreign application are specified in 37 CFR 1.55(j). According to the MPEP:
37 CFR 1.55(j) also provides that the interim copy of the foreign application and cover sheet must be filed within the later of sixteen months from the filing date of the prior foreign application or four months from the actual filing date of an application under 35 U.S.C. 111(a), within four months from the later of the date of commencement (37 CFR 1.491(a)) or the date of the initial submission under 35 U.S.C. 371 in an application entering the national stage under 35 U.S.C. 371, or with a petition under 37 CFR 1.55(e) or (f).
In summary, the interim copy must be filed within:
- 16 months from the filing date of the foreign application, or
- 4 months from the U.S. application filing date under 35 U.S.C. 111(a), or
- 4 months from the national stage commencement or initial submission date under 35 U.S.C. 371, or
- With a petition under 37 CFR 1.55(e) or (f)
To learn more:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims (2)
The time periods for filing priority or benefit claims in U.S. patent applications vary depending on the type of claim and application. Generally:
- For foreign priority claims under 35 U.S.C. 119(a)-(d) and (f), the claim must be made within the later of 4 months from the actual filing date or 16 months from the foreign application’s filing date.
- For domestic benefit claims under 35 U.S.C. 119(e) or 120, the claim must be made within the later of 4 months from the actual filing date or 16 months from the prior application’s filing date.
- For international applications entering the national stage, special rules apply.
The MPEP states: “37 CFR 1.55(d) contains provisions relating to the time for filing a priority claim in an application filed under 35 U.S.C. 111(a) and in an application entering the national stage under 35 U.S.C. 371” and “37 CFR 1.78(d) contains provisions relating to claims under 35 U.S.C. 120, 121, 365(c), or 386(c) for the benefit of a prior-filed nonprovisional application, international application, or international design application.”
Note that these time periods are subject to the provisions of 37 CFR 1.55(p) and 1.78(k), which state that they are not extendable but are subject to certain exceptions.
To claim priority to an earlier-filed foreign application, the applicant must:
1. File the U.S. application within 12 months of the foreign application’s filing date (6 months for design applications).
2. In the U.S. application, include a claim for priority that identifies the foreign application. For applications filed on/after 9/16/12, this must be in an ADS.
3. File a certified copy of the foreign application, unless it was previously filed or is available to the USPTO via a priority document exchange program.
See MPEP 213 – 216 for the detailed requirements. Some deadlines can be extended on petition if unintentionally delayed.
MPEP 500 - Receipt and Handling of Mail and Papers (2)
During postal service emergencies, the USPTO takes special measures to ensure patent applications are handled appropriately:
- The USPTO Director may designate the interruption or emergency as a ‘postal service interruption or emergency’ under 35 U.S.C. 21(a).
- This designation allows for the acceptance of filings that would have been timely filed if not for the postal service interruption or emergency.
- The USPTO may publish a notice in the Official Gazette and on its website about the designation and any special procedures to be followed.
As stated in MPEP 511: The USPTO will consider on a case-by-case basis whether to waive the date indicated on any certificate of mailing or transmission accompanied by a showing which establishes to the satisfaction of the Director that the delay was due to the emergency.
To learn more:
When the entire USPTO is officially closed for business for an entire day due to adverse weather or other causes:
- The day is considered a “Federal holiday within the District of Columbia” under 35 U.S.C. 21
- Any action or fee due on such a day may be taken or paid on the next succeeding business day the Office is open
MPEP 510 states: “When the entire USPTO is officially closed for business for an entire day, for reasons due to adverse weather or other causes, the Office will consider each such day a ‘Federal holiday within the District of Columbia’ under 35 U.S.C. 21. Any action or fee due on such a day may be taken, or fee paid, on the next succeeding business day the Office is open.”
To learn more:
MPEP 510 - U.S. Patent and Trademark Office Business Hours (1)
When the entire USPTO is officially closed for business for an entire day due to adverse weather or other causes:
- The day is considered a “Federal holiday within the District of Columbia” under 35 U.S.C. 21
- Any action or fee due on such a day may be taken or paid on the next succeeding business day the Office is open
MPEP 510 states: “When the entire USPTO is officially closed for business for an entire day, for reasons due to adverse weather or other causes, the Office will consider each such day a ‘Federal holiday within the District of Columbia’ under 35 U.S.C. 21. Any action or fee due on such a day may be taken, or fee paid, on the next succeeding business day the Office is open.”
To learn more:
MPEP 511 - Postal Service Interruptions and Emergencies (1)
During postal service emergencies, the USPTO takes special measures to ensure patent applications are handled appropriately:
- The USPTO Director may designate the interruption or emergency as a ‘postal service interruption or emergency’ under 35 U.S.C. 21(a).
- This designation allows for the acceptance of filings that would have been timely filed if not for the postal service interruption or emergency.
- The USPTO may publish a notice in the Official Gazette and on its website about the designation and any special procedures to be followed.
As stated in MPEP 511: The USPTO will consider on a case-by-case basis whether to waive the date indicated on any certificate of mailing or transmission accompanied by a showing which establishes to the satisfaction of the Director that the delay was due to the emergency.
To learn more:
Patent Law (7)
According to MPEP 150, property rights statements to DOE or NASA can be filed at any time, but they should be kept up-to-date to reflect accurate property rights at the time of application allowance. The MPEP states:
Property rights statements to DOE or NASA may be filed at any time but should be updated if necessary to accurately reflect property rights at the time the application is allowed.
Additionally, the USPTO typically sends an informal request for a property rights statement shortly after filing to applicants whose nonprovisional applications are marked as being of interest to DOE or NASA. While there’s no formal time period set, a response within 45 days is recommended to expedite processing.
For more information on filing deadlines, visit: filing deadlines.
For more information on patent applications, visit: patent applications.
The time periods for filing priority or benefit claims in U.S. patent applications vary depending on the type of claim and application. Generally:
- For foreign priority claims under 35 U.S.C. 119(a)-(d) and (f), the claim must be made within the later of 4 months from the actual filing date or 16 months from the foreign application’s filing date.
- For domestic benefit claims under 35 U.S.C. 119(e) or 120, the claim must be made within the later of 4 months from the actual filing date or 16 months from the prior application’s filing date.
- For international applications entering the national stage, special rules apply.
The MPEP states: “37 CFR 1.55(d) contains provisions relating to the time for filing a priority claim in an application filed under 35 U.S.C. 111(a) and in an application entering the national stage under 35 U.S.C. 371” and “37 CFR 1.78(d) contains provisions relating to claims under 35 U.S.C. 120, 121, 365(c), or 386(c) for the benefit of a prior-filed nonprovisional application, international application, or international design application.”
Note that these time periods are subject to the provisions of 37 CFR 1.55(p) and 1.78(k), which state that they are not extendable but are subject to certain exceptions.
The time limits for filing an interim copy of a foreign application are specified in 37 CFR 1.55(j). According to the MPEP:
37 CFR 1.55(j) also provides that the interim copy of the foreign application and cover sheet must be filed within the later of sixteen months from the filing date of the prior foreign application or four months from the actual filing date of an application under 35 U.S.C. 111(a), within four months from the later of the date of commencement (37 CFR 1.491(a)) or the date of the initial submission under 35 U.S.C. 371 in an application entering the national stage under 35 U.S.C. 371, or with a petition under 37 CFR 1.55(e) or (f).
In summary, the interim copy must be filed within:
- 16 months from the filing date of the foreign application, or
- 4 months from the U.S. application filing date under 35 U.S.C. 111(a), or
- 4 months from the national stage commencement or initial submission date under 35 U.S.C. 371, or
- With a petition under 37 CFR 1.55(e) or (f)
To learn more:
The MPEP section 603.01 does not specify a deadline for filing supplemental oaths or declarations after allowance. It states:
“Supplemental oaths and declarations covering the claims in the application may be filed after allowance as a matter of right.”
This suggests that applicants have the right to file these documents at any time after allowance. However, it’s important to note that practical considerations, such as the patent issue date, may impose de facto deadlines. Applicants should consult with a patent attorney or agent for specific timing advice in their case.
To learn more:
During postal service emergencies, the USPTO takes special measures to ensure patent applications are handled appropriately:
- The USPTO Director may designate the interruption or emergency as a ‘postal service interruption or emergency’ under 35 U.S.C. 21(a).
- This designation allows for the acceptance of filings that would have been timely filed if not for the postal service interruption or emergency.
- The USPTO may publish a notice in the Official Gazette and on its website about the designation and any special procedures to be followed.
As stated in MPEP 511: The USPTO will consider on a case-by-case basis whether to waive the date indicated on any certificate of mailing or transmission accompanied by a showing which establishes to the satisfaction of the Director that the delay was due to the emergency.
To learn more:
To claim priority to an earlier-filed foreign application, the applicant must:
1. File the U.S. application within 12 months of the foreign application’s filing date (6 months for design applications).
2. In the U.S. application, include a claim for priority that identifies the foreign application. For applications filed on/after 9/16/12, this must be in an ADS.
3. File a certified copy of the foreign application, unless it was previously filed or is available to the USPTO via a priority document exchange program.
See MPEP 213 – 216 for the detailed requirements. Some deadlines can be extended on petition if unintentionally delayed.
When the entire USPTO is officially closed for business for an entire day due to adverse weather or other causes:
- The day is considered a “Federal holiday within the District of Columbia” under 35 U.S.C. 21
- Any action or fee due on such a day may be taken or paid on the next succeeding business day the Office is open
MPEP 510 states: “When the entire USPTO is officially closed for business for an entire day, for reasons due to adverse weather or other causes, the Office will consider each such day a ‘Federal holiday within the District of Columbia’ under 35 U.S.C. 21. Any action or fee due on such a day may be taken, or fee paid, on the next succeeding business day the Office is open.”
To learn more:
Patent Procedure (7)
According to MPEP 150, property rights statements to DOE or NASA can be filed at any time, but they should be kept up-to-date to reflect accurate property rights at the time of application allowance. The MPEP states:
Property rights statements to DOE or NASA may be filed at any time but should be updated if necessary to accurately reflect property rights at the time the application is allowed.
Additionally, the USPTO typically sends an informal request for a property rights statement shortly after filing to applicants whose nonprovisional applications are marked as being of interest to DOE or NASA. While there’s no formal time period set, a response within 45 days is recommended to expedite processing.
For more information on filing deadlines, visit: filing deadlines.
For more information on patent applications, visit: patent applications.
The time periods for filing priority or benefit claims in U.S. patent applications vary depending on the type of claim and application. Generally:
- For foreign priority claims under 35 U.S.C. 119(a)-(d) and (f), the claim must be made within the later of 4 months from the actual filing date or 16 months from the foreign application’s filing date.
- For domestic benefit claims under 35 U.S.C. 119(e) or 120, the claim must be made within the later of 4 months from the actual filing date or 16 months from the prior application’s filing date.
- For international applications entering the national stage, special rules apply.
The MPEP states: “37 CFR 1.55(d) contains provisions relating to the time for filing a priority claim in an application filed under 35 U.S.C. 111(a) and in an application entering the national stage under 35 U.S.C. 371” and “37 CFR 1.78(d) contains provisions relating to claims under 35 U.S.C. 120, 121, 365(c), or 386(c) for the benefit of a prior-filed nonprovisional application, international application, or international design application.”
Note that these time periods are subject to the provisions of 37 CFR 1.55(p) and 1.78(k), which state that they are not extendable but are subject to certain exceptions.
The time limits for filing an interim copy of a foreign application are specified in 37 CFR 1.55(j). According to the MPEP:
37 CFR 1.55(j) also provides that the interim copy of the foreign application and cover sheet must be filed within the later of sixteen months from the filing date of the prior foreign application or four months from the actual filing date of an application under 35 U.S.C. 111(a), within four months from the later of the date of commencement (37 CFR 1.491(a)) or the date of the initial submission under 35 U.S.C. 371 in an application entering the national stage under 35 U.S.C. 371, or with a petition under 37 CFR 1.55(e) or (f).
In summary, the interim copy must be filed within:
- 16 months from the filing date of the foreign application, or
- 4 months from the U.S. application filing date under 35 U.S.C. 111(a), or
- 4 months from the national stage commencement or initial submission date under 35 U.S.C. 371, or
- With a petition under 37 CFR 1.55(e) or (f)
To learn more:
The MPEP section 603.01 does not specify a deadline for filing supplemental oaths or declarations after allowance. It states:
“Supplemental oaths and declarations covering the claims in the application may be filed after allowance as a matter of right.”
This suggests that applicants have the right to file these documents at any time after allowance. However, it’s important to note that practical considerations, such as the patent issue date, may impose de facto deadlines. Applicants should consult with a patent attorney or agent for specific timing advice in their case.
To learn more:
During postal service emergencies, the USPTO takes special measures to ensure patent applications are handled appropriately:
- The USPTO Director may designate the interruption or emergency as a ‘postal service interruption or emergency’ under 35 U.S.C. 21(a).
- This designation allows for the acceptance of filings that would have been timely filed if not for the postal service interruption or emergency.
- The USPTO may publish a notice in the Official Gazette and on its website about the designation and any special procedures to be followed.
As stated in MPEP 511: The USPTO will consider on a case-by-case basis whether to waive the date indicated on any certificate of mailing or transmission accompanied by a showing which establishes to the satisfaction of the Director that the delay was due to the emergency.
To learn more:
To claim priority to an earlier-filed foreign application, the applicant must:
1. File the U.S. application within 12 months of the foreign application’s filing date (6 months for design applications).
2. In the U.S. application, include a claim for priority that identifies the foreign application. For applications filed on/after 9/16/12, this must be in an ADS.
3. File a certified copy of the foreign application, unless it was previously filed or is available to the USPTO via a priority document exchange program.
See MPEP 213 – 216 for the detailed requirements. Some deadlines can be extended on petition if unintentionally delayed.
When the entire USPTO is officially closed for business for an entire day due to adverse weather or other causes:
- The day is considered a “Federal holiday within the District of Columbia” under 35 U.S.C. 21
- Any action or fee due on such a day may be taken or paid on the next succeeding business day the Office is open
MPEP 510 states: “When the entire USPTO is officially closed for business for an entire day, for reasons due to adverse weather or other causes, the Office will consider each such day a ‘Federal holiday within the District of Columbia’ under 35 U.S.C. 21. Any action or fee due on such a day may be taken, or fee paid, on the next succeeding business day the Office is open.”
To learn more: