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 103-Right of Public To Inspect Patent Files and Some Application Files (2)
The Image File Wrapper (IFW) system is an electronic system used by the USPTO to store and process patent application files. Key points about the IFW system and its impact on public access include:
- Paper components of application files are scanned to create electronic image files
- For IFW applications, the electronic file is the Official file
- No access is granted to original paper documents used to create the IFW file
- Processing and examination are conducted using electronic images
- IFW files for patented applications, published applications, or applications referenced in published documents are accessible through Patent Center on the USPTO website
- All patent applications filed after June 30, 2003, have been scanned into the IFW system
The IFW system has made it easier for the public to access eligible patent application files online through Patent Center, eliminating the need to physically inspect paper files in many cases.
If a patent application has been published pursuant to 35 U.S.C. 122(b), then a copy of the specification, drawings, and all papers relating to the file of that published application (whether abandoned or pending) may be provided to any person upon written request and payment of the fee set forth in 37 CFR 1.19(b). See 37 CFR 1.14(a)(1)(ii) and (iii).
Published applications maintained in the Image File Wrapper (IFW) system are available on the USPTO website in Patent Center.
MPEP 104-Power to Inspect Application (1)
No, powers to inspect are not accepted in Image File Wrapper (IFW) applications. IFW applications are available through the Private Patent Application Information Retrieval (PAIR) system, and pro se applicants and attorneys of record have direct access to the IFW through Private PAIR when:
- A Customer Number is associated with the correspondence address for the application, and
- The applicant or attorney has access to Private PAIR for the customer number
In addition, IFW application files of published applications or patents are available at least through Patent Center. If an applicant, inventor, assignee, or attorney/agent of record cannot view an IFW application through Private PAIR or Patent Center, then a copy of the application must be purchased from the Patent and Trademark Copy Fulfillment Branch of the Public Records Division.
MPEP 500 - Receipt and Handling of Mail and Papers (1)
Patent applications are initially processed by the USPTO through electronic scanning and loading into the Image File Wrapper (IFW) system. According to MPEP 508, “All applications are electronically scanned and loaded into the Image File Wrapper (IFW) system upon filing. Once documents are loaded into the IFW system, examiners, technical support staff, and other Office personnel will perform further processing and examination using the IFW system.”
MPEP 508 - Distribution (1)
Patent applications are initially processed by the USPTO through electronic scanning and loading into the Image File Wrapper (IFW) system. According to MPEP 508, “All applications are electronically scanned and loaded into the Image File Wrapper (IFW) system upon filing. Once documents are loaded into the IFW system, examiners, technical support staff, and other Office personnel will perform further processing and examination using the IFW system.”
Patent Law (4)
The Image File Wrapper (IFW) system is an electronic system used by the USPTO to store and process patent application files. Key points about the IFW system and its impact on public access include:
- Paper components of application files are scanned to create electronic image files
- For IFW applications, the electronic file is the Official file
- No access is granted to original paper documents used to create the IFW file
- Processing and examination are conducted using electronic images
- IFW files for patented applications, published applications, or applications referenced in published documents are accessible through Patent Center on the USPTO website
- All patent applications filed after June 30, 2003, have been scanned into the IFW system
The IFW system has made it easier for the public to access eligible patent application files online through Patent Center, eliminating the need to physically inspect paper files in many cases.
If a patent application has been published pursuant to 35 U.S.C. 122(b), then a copy of the specification, drawings, and all papers relating to the file of that published application (whether abandoned or pending) may be provided to any person upon written request and payment of the fee set forth in 37 CFR 1.19(b). See 37 CFR 1.14(a)(1)(ii) and (iii).
Published applications maintained in the Image File Wrapper (IFW) system are available on the USPTO website in Patent Center.
Patent applications are initially processed by the USPTO through electronic scanning and loading into the Image File Wrapper (IFW) system. According to MPEP 508, “All applications are electronically scanned and loaded into the Image File Wrapper (IFW) system upon filing. Once documents are loaded into the IFW system, examiners, technical support staff, and other Office personnel will perform further processing and examination using the IFW system.”
No, powers to inspect are not accepted in Image File Wrapper (IFW) applications. IFW applications are available through the Private Patent Application Information Retrieval (PAIR) system, and pro se applicants and attorneys of record have direct access to the IFW through Private PAIR when:
- A Customer Number is associated with the correspondence address for the application, and
- The applicant or attorney has access to Private PAIR for the customer number
In addition, IFW application files of published applications or patents are available at least through Patent Center. If an applicant, inventor, assignee, or attorney/agent of record cannot view an IFW application through Private PAIR or Patent Center, then a copy of the application must be purchased from the Patent and Trademark Copy Fulfillment Branch of the Public Records Division.
Patent Procedure (2)
The Image File Wrapper (IFW) system is an electronic system used by the USPTO to store and process patent application files. Key points about the IFW system and its impact on public access include:
- Paper components of application files are scanned to create electronic image files
- For IFW applications, the electronic file is the Official file
- No access is granted to original paper documents used to create the IFW file
- Processing and examination are conducted using electronic images
- IFW files for patented applications, published applications, or applications referenced in published documents are accessible through Patent Center on the USPTO website
- All patent applications filed after June 30, 2003, have been scanned into the IFW system
The IFW system has made it easier for the public to access eligible patent application files online through Patent Center, eliminating the need to physically inspect paper files in many cases.
Patent applications are initially processed by the USPTO through electronic scanning and loading into the Image File Wrapper (IFW) system. According to MPEP 508, “All applications are electronically scanned and loaded into the Image File Wrapper (IFW) system upon filing. Once documents are loaded into the IFW system, examiners, technical support staff, and other Office personnel will perform further processing and examination using the IFW system.”