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 500 - Receipt and Handling of Mail and Papers (5)
If you cannot file your patent application electronically or by Priority Mail Express® due to an emergency, consider the following options:
- Use first-class mail with a Certificate of Mailing under 37 CFR 1.8
- Hand-deliver the application to the USPTO, if possible
- If the emergency is a designated postal service interruption, follow the specific instructions provided by the USPTO on their website or in the Official Gazette
Remember that the provisions for postal emergencies only apply to actual USPS service interruptions, not other circumstances like computer failures or office inaccessibility.
As stated in MPEP 511: “Applicants are cautioned that the provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) only apply to postal interruptions and emergencies. The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) do not provide for granting of a filing date to correspondence as of the date on which it would have been filed but for other exigencies, such as the unavailability of a computer or word processing equipment, or the inaccessibility of an office or building other than a USPS facility.”
The USPTO recommends several methods for filing new patent applications, with some being more advantageous than others. According to MPEP 511, the recommended methods are:
- Electronic Filing System (EFS-Web or Patent Center): This is the most recommended method. As stated in MPEP 511: “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
- Priority Mail Express®: If not filing electronically, this is the next best option. MPEP 511 notes: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
- Hand-delivery: Applications can be hand-delivered to the USPTO.
- First-class mail: While possible, this method carries risks of delay and is not recommended for new applications.
It’s important to note that new applications cannot be filed by facsimile. For more details on electronic filing, refer to the Legal Framework for Patent Electronic System on the USPTO website.
To learn more:
The USPTO strongly recommends the following methods for filing new patent applications:
- Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted.
- Priority Mail Express®: If not filing electronically, use this method in accordance with 37 CFR 1.10 to secure the date of deposit as the filing date.
- Hand-delivery to the USPTO office.
Avoid filing by first-class mail, as it only secures the date of receipt at the USPTO as the filing date, risking delays in delivery.
As stated in MPEP 511: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
Additionally, “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
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 § 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 501 - Filing Papers With the U.S. Patent and Trademark Office (2)
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 § 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 511 - Postal Service Interruptions and Emergencies (3)
If you cannot file your patent application electronically or by Priority Mail Express® due to an emergency, consider the following options:
- Use first-class mail with a Certificate of Mailing under 37 CFR 1.8
- Hand-deliver the application to the USPTO, if possible
- If the emergency is a designated postal service interruption, follow the specific instructions provided by the USPTO on their website or in the Official Gazette
Remember that the provisions for postal emergencies only apply to actual USPS service interruptions, not other circumstances like computer failures or office inaccessibility.
As stated in MPEP 511: “Applicants are cautioned that the provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) only apply to postal interruptions and emergencies. The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) do not provide for granting of a filing date to correspondence as of the date on which it would have been filed but for other exigencies, such as the unavailability of a computer or word processing equipment, or the inaccessibility of an office or building other than a USPS facility.”
The USPTO recommends several methods for filing new patent applications, with some being more advantageous than others. According to MPEP 511, the recommended methods are:
- Electronic Filing System (EFS-Web or Patent Center): This is the most recommended method. As stated in MPEP 511: “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
- Priority Mail Express®: If not filing electronically, this is the next best option. MPEP 511 notes: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
- Hand-delivery: Applications can be hand-delivered to the USPTO.
- First-class mail: While possible, this method carries risks of delay and is not recommended for new applications.
It’s important to note that new applications cannot be filed by facsimile. For more details on electronic filing, refer to the Legal Framework for Patent Electronic System on the USPTO website.
To learn more:
The USPTO strongly recommends the following methods for filing new patent applications:
- Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted.
- Priority Mail Express®: If not filing electronically, use this method in accordance with 37 CFR 1.10 to secure the date of deposit as the filing date.
- Hand-delivery to the USPTO office.
Avoid filing by first-class mail, as it only secures the date of receipt at the USPTO as the filing date, risking delays in delivery.
As stated in MPEP 511: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
Additionally, “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
Patent Law (5)
If you cannot file your patent application electronically or by Priority Mail Express® due to an emergency, consider the following options:
- Use first-class mail with a Certificate of Mailing under 37 CFR 1.8
- Hand-deliver the application to the USPTO, if possible
- If the emergency is a designated postal service interruption, follow the specific instructions provided by the USPTO on their website or in the Official Gazette
Remember that the provisions for postal emergencies only apply to actual USPS service interruptions, not other circumstances like computer failures or office inaccessibility.
As stated in MPEP 511: “Applicants are cautioned that the provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) only apply to postal interruptions and emergencies. The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) do not provide for granting of a filing date to correspondence as of the date on which it would have been filed but for other exigencies, such as the unavailability of a computer or word processing equipment, or the inaccessibility of an office or building other than a USPS facility.”
The USPTO recommends several methods for filing new patent applications, with some being more advantageous than others. According to MPEP 511, the recommended methods are:
- Electronic Filing System (EFS-Web or Patent Center): This is the most recommended method. As stated in MPEP 511: “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
- Priority Mail Express®: If not filing electronically, this is the next best option. MPEP 511 notes: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
- Hand-delivery: Applications can be hand-delivered to the USPTO.
- First-class mail: While possible, this method carries risks of delay and is not recommended for new applications.
It’s important to note that new applications cannot be filed by facsimile. For more details on electronic filing, refer to the Legal Framework for Patent Electronic System on the USPTO website.
To learn more:
The USPTO strongly recommends the following methods for filing new patent applications:
- Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted.
- Priority Mail Express®: If not filing electronically, use this method in accordance with 37 CFR 1.10 to secure the date of deposit as the filing date.
- Hand-delivery to the USPTO office.
Avoid filing by first-class mail, as it only secures the date of receipt at the USPTO as the filing date, risking delays in delivery.
As stated in MPEP 511: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
Additionally, “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
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 § 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:
Patent Procedure (5)
If you cannot file your patent application electronically or by Priority Mail Express® due to an emergency, consider the following options:
- Use first-class mail with a Certificate of Mailing under 37 CFR 1.8
- Hand-deliver the application to the USPTO, if possible
- If the emergency is a designated postal service interruption, follow the specific instructions provided by the USPTO on their website or in the Official Gazette
Remember that the provisions for postal emergencies only apply to actual USPS service interruptions, not other circumstances like computer failures or office inaccessibility.
As stated in MPEP 511: “Applicants are cautioned that the provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) only apply to postal interruptions and emergencies. The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) do not provide for granting of a filing date to correspondence as of the date on which it would have been filed but for other exigencies, such as the unavailability of a computer or word processing equipment, or the inaccessibility of an office or building other than a USPS facility.”
The USPTO recommends several methods for filing new patent applications, with some being more advantageous than others. According to MPEP 511, the recommended methods are:
- Electronic Filing System (EFS-Web or Patent Center): This is the most recommended method. As stated in MPEP 511: “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
- Priority Mail Express®: If not filing electronically, this is the next best option. MPEP 511 notes: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
- Hand-delivery: Applications can be hand-delivered to the USPTO.
- First-class mail: While possible, this method carries risks of delay and is not recommended for new applications.
It’s important to note that new applications cannot be filed by facsimile. For more details on electronic filing, refer to the Legal Framework for Patent Electronic System on the USPTO website.
To learn more:
The USPTO strongly recommends the following methods for filing new patent applications:
- Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted.
- Priority Mail Express®: If not filing electronically, use this method in accordance with 37 CFR 1.10 to secure the date of deposit as the filing date.
- Hand-delivery to the USPTO office.
Avoid filing by first-class mail, as it only secures the date of receipt at the USPTO as the filing date, risking delays in delivery.
As stated in MPEP 511: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
Additionally, “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
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 § 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: