Patent Law FAQ

To make a Freedom of Information Act (FOIA) request for USPTO records:

1. Submit a written request to the USPTO FOIA Officer:
   • Address: United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450
   • Mark the letter and envelope ‘Freedom of Information Act Request’
2. Describe the requested records in detail:
   • Include specific information such as dates, titles, names, subjects, etc.
   • Provide any known file designations or descriptions
3. If requesting records about yourself, follow additional requirements in 37 CFR 102.24
4. If requesting records about another individual, provide either:
   • A written authorization signed by that individual permitting disclosure
   • Proof that the individual is deceased (e.g., death certificate, obituary)

Direct quote: ‘A request for USPTO records that are not customarily made available to the public as part of USPTO’s regular informational services must be in writing, and shall be processed under FOIA, regardless of whether FOIA is mentioned in the request.’ (37 CFR 102.4(a))

Note: Many USPTO decisions are already available on the FOIA section of the USPTO website at www.uspto.gov/learning-and-resources/ip-policy/electronic-freedom-information-act-e-foia.

For patent application information not available through Public PAIR, you can submit a request to the USPTO under the Freedom of Information Act (FOIA). Here’s how to proceed:

1. Submit a written request to the USPTO’s FOIA Officer.
2. Clearly identify the records you’re seeking.
3. Explain why you believe the information should be disclosed if it’s not typically available to the public.
4. Be prepared to pay any applicable fees for search and duplication.
5. Wait for the USPTO to process your request and respond, which may take several weeks.

Note that certain information may still be withheld if it falls under FOIA exemptions or is protected by other statutes.

To make a Freedom of Information Act (FOIA) request for USPTO records:

1. Submit a written request to the USPTO FOIA Officer:
   • Address: United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450
   • Mark the letter and envelope ‘Freedom of Information Act Request’
2. Describe the requested records in detail:
   • Include specific information such as dates, titles, names, subjects, etc.
   • Provide any known file designations or descriptions
3. If requesting records about yourself, follow additional requirements in 37 CFR 102.24
4. If requesting records about another individual, provide either:
   • A written authorization signed by that individual permitting disclosure
   • Proof that the individual is deceased (e.g., death certificate, obituary)

Direct quote: ‘A request for USPTO records that are not customarily made available to the public as part of USPTO’s regular informational services must be in writing, and shall be processed under FOIA, regardless of whether FOIA is mentioned in the request.’ (37 CFR 102.4(a))

Note: Many USPTO decisions are already available on the FOIA section of the USPTO website at www.uspto.gov/learning-and-resources/ip-policy/electronic-freedom-information-act-e-foia.

For patent application information not available through Public PAIR, you can submit a request to the USPTO under the Freedom of Information Act (FOIA). Here’s how to proceed:

1. Submit a written request to the USPTO’s FOIA Officer.
2. Clearly identify the records you’re seeking.
3. Explain why you believe the information should be disclosed if it’s not typically available to the public.
4. Be prepared to pay any applicable fees for search and duplication.
5. Wait for the USPTO to process your request and respond, which may take several weeks.

Note that certain information may still be withheld if it falls under FOIA exemptions or is protected by other statutes.

To make a Freedom of Information Act (FOIA) request for USPTO records:

1. Submit a written request to the USPTO FOIA Officer:
   • Address: United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450
   • Mark the letter and envelope ‘Freedom of Information Act Request’
2. Describe the requested records in detail:
   • Include specific information such as dates, titles, names, subjects, etc.
   • Provide any known file designations or descriptions
3. If requesting records about yourself, follow additional requirements in 37 CFR 102.24
4. If requesting records about another individual, provide either:
   • A written authorization signed by that individual permitting disclosure
   • Proof that the individual is deceased (e.g., death certificate, obituary)

Direct quote: ‘A request for USPTO records that are not customarily made available to the public as part of USPTO’s regular informational services must be in writing, and shall be processed under FOIA, regardless of whether FOIA is mentioned in the request.’ (37 CFR 102.4(a))

Note: Many USPTO decisions are already available on the FOIA section of the USPTO website at www.uspto.gov/learning-and-resources/ip-policy/electronic-freedom-information-act-e-foia.

For patent application information not available through Public PAIR, you can submit a request to the USPTO under the Freedom of Information Act (FOIA). Here’s how to proceed:

1. Submit a written request to the USPTO’s FOIA Officer.
2. Clearly identify the records you’re seeking.
3. Explain why you believe the information should be disclosed if it’s not typically available to the public.
4. Be prepared to pay any applicable fees for search and duplication.
5. Wait for the USPTO to process your request and respond, which may take several weeks.

Note that certain information may still be withheld if it falls under FOIA exemptions or is protected by other statutes.