Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 200 – Types and Status of Application; Benefit and Priority (1)
If you receive a filing receipt with missing or incorrect benefit claim information, you can request a corrected filing receipt. However, the Office will only grant such a request if the proper reference to the prior application is included:
- For applications filed on or after September 16, 2012: in an Application Data Sheet (ADS)
- For applications filed prior to September 16, 2012: in the first sentence(s) of the specification or an ADS
This reference must be made within the time period required by 37 CFR 1.78, with a few exceptions. As stated in the MPEP:
The Office may notify applicants on or with the filing receipt that a benefit claim may not have been recognized because the benefit claim was improper but applicants are advised that only the benefit claims that are listed on the filing receipt have been recognized by the Office.
It’s crucial to review your filing receipt promptly and carefully to avoid the need for a petition and associated fees.
To learn more:
MPEP 500 – Receipt and Handling of Mail and Papers (2)
There are two main ways to obtain a receipt for items filed with the USPTO:
- For paper filings: Include a self-addressed postcard with your submission, itemizing all components being filed. The USPTO will stamp the receipt date on the postcard and return it.
- For electronic filings via EFS-Web or Patent Center: An Electronic Acknowledgement Receipt is automatically generated and sent to the filer.
The MPEP states: ‘If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item.’ (MPEP 503)
A return postcard serves as prima facie evidence of receipt by the USPTO of all items listed on the postcard. It should include detailed identifying information such as:
- Inventor’s name
- Application number (if known)
- Confirmation number (if known)
- Filing date
- Title of the invention
- Type of paper being filed
- Number of pages for each component
The MPEP states: ‘A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.’ (MPEP 503)
MPEP 503 – Application Number and Filing Receipt (2)
There are two main ways to obtain a receipt for items filed with the USPTO:
- For paper filings: Include a self-addressed postcard with your submission, itemizing all components being filed. The USPTO will stamp the receipt date on the postcard and return it.
- For electronic filings via EFS-Web or Patent Center: An Electronic Acknowledgement Receipt is automatically generated and sent to the filer.
The MPEP states: ‘If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item.’ (MPEP 503)
A return postcard serves as prima facie evidence of receipt by the USPTO of all items listed on the postcard. It should include detailed identifying information such as:
- Inventor’s name
- Application number (if known)
- Confirmation number (if known)
- Filing date
- Title of the invention
- Type of paper being filed
- Number of pages for each component
The MPEP states: ‘A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.’ (MPEP 503)
Patent Law (3)
There are two main ways to obtain a receipt for items filed with the USPTO:
- For paper filings: Include a self-addressed postcard with your submission, itemizing all components being filed. The USPTO will stamp the receipt date on the postcard and return it.
- For electronic filings via EFS-Web or Patent Center: An Electronic Acknowledgement Receipt is automatically generated and sent to the filer.
The MPEP states: ‘If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item.’ (MPEP 503)
A return postcard serves as prima facie evidence of receipt by the USPTO of all items listed on the postcard. It should include detailed identifying information such as:
- Inventor’s name
- Application number (if known)
- Confirmation number (if known)
- Filing date
- Title of the invention
- Type of paper being filed
- Number of pages for each component
The MPEP states: ‘A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.’ (MPEP 503)
If you receive a filing receipt with missing or incorrect benefit claim information, you can request a corrected filing receipt. However, the Office will only grant such a request if the proper reference to the prior application is included:
- For applications filed on or after September 16, 2012: in an Application Data Sheet (ADS)
- For applications filed prior to September 16, 2012: in the first sentence(s) of the specification or an ADS
This reference must be made within the time period required by 37 CFR 1.78, with a few exceptions. As stated in the MPEP:
The Office may notify applicants on or with the filing receipt that a benefit claim may not have been recognized because the benefit claim was improper but applicants are advised that only the benefit claims that are listed on the filing receipt have been recognized by the Office.
It’s crucial to review your filing receipt promptly and carefully to avoid the need for a petition and associated fees.
To learn more:
Patent Procedure (3)
There are two main ways to obtain a receipt for items filed with the USPTO:
- For paper filings: Include a self-addressed postcard with your submission, itemizing all components being filed. The USPTO will stamp the receipt date on the postcard and return it.
- For electronic filings via EFS-Web or Patent Center: An Electronic Acknowledgement Receipt is automatically generated and sent to the filer.
The MPEP states: ‘If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item.’ (MPEP 503)
A return postcard serves as prima facie evidence of receipt by the USPTO of all items listed on the postcard. It should include detailed identifying information such as:
- Inventor’s name
- Application number (if known)
- Confirmation number (if known)
- Filing date
- Title of the invention
- Type of paper being filed
- Number of pages for each component
The MPEP states: ‘A postcard receipt which itemizes and properly identifies the items which are being filed serves as prima facie evidence of receipt in the USPTO of all the items listed thereon on the date stamped thereon by the USPTO.’ (MPEP 503)
If you receive a filing receipt with missing or incorrect benefit claim information, you can request a corrected filing receipt. However, the Office will only grant such a request if the proper reference to the prior application is included:
- For applications filed on or after September 16, 2012: in an Application Data Sheet (ADS)
- For applications filed prior to September 16, 2012: in the first sentence(s) of the specification or an ADS
This reference must be made within the time period required by 37 CFR 1.78, with a few exceptions. As stated in the MPEP:
The Office may notify applicants on or with the filing receipt that a benefit claim may not have been recognized because the benefit claim was improper but applicants are advised that only the benefit claims that are listed on the filing receipt have been recognized by the Office.
It’s crucial to review your filing receipt promptly and carefully to avoid the need for a petition and associated fees.
To learn more: