Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
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.
Information about reexamination proceedings is made available to the public in several ways:
- Announcement in the Official Gazette:
- The filing of each request for reexamination (where the full fee has been paid) is announced
- Reexaminations ordered at the Director’s initiative are also announced
- Public inspection of reexamination files:
- Once scanned into the Image File Wrapper (IFW) system, reexamination files are open to public inspection
- Files can be accessed through Patent Center on the USPTO website
- The entire contents of the reexamination file are viewable, except for non-patent literature
Direct quote: ‘All requests for reexamination for which all the requirements of § 1.510 or § 1.915 have been satisfied will be announced in the Official Gazette. Any reexaminations at the initiative of the Director pursuant to § 1.520 will also be announced in the Official Gazette.’ (37 CFR 1.11(c))
Note that a reexamination file is typically not open to inspection until it has been scanned into the IFW system.
MPEP 500 – Receipt and Handling of Mail and Papers (1)
For papers that have been scanned into the Image File Wrapper (IFW) system, the USPTO has a specific procedure for ‘returning’ them. According to MPEP 508.02:
“If a paper has been scanned into the IFW, ‘return’ of the paper will be accomplished by the Office closing it in IFW.”
This means that instead of physically returning the paper, the USPTO will electronically close or restrict access to the document within the IFW system. This process maintains the integrity of the digital file while effectively ‘returning’ the document.
To learn more:
Patent Law (3)
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.
Information about reexamination proceedings is made available to the public in several ways:
- Announcement in the Official Gazette:
- The filing of each request for reexamination (where the full fee has been paid) is announced
- Reexaminations ordered at the Director’s initiative are also announced
- Public inspection of reexamination files:
- Once scanned into the Image File Wrapper (IFW) system, reexamination files are open to public inspection
- Files can be accessed through Patent Center on the USPTO website
- The entire contents of the reexamination file are viewable, except for non-patent literature
Direct quote: ‘All requests for reexamination for which all the requirements of § 1.510 or § 1.915 have been satisfied will be announced in the Official Gazette. Any reexaminations at the initiative of the Director pursuant to § 1.520 will also be announced in the Official Gazette.’ (37 CFR 1.11(c))
Note that a reexamination file is typically not open to inspection until it has been scanned into the IFW system.
For papers that have been scanned into the Image File Wrapper (IFW) system, the USPTO has a specific procedure for ‘returning’ them. According to MPEP 508.02:
“If a paper has been scanned into the IFW, ‘return’ of the paper will be accomplished by the Office closing it in IFW.”
This means that instead of physically returning the paper, the USPTO will electronically close or restrict access to the document within the IFW system. This process maintains the integrity of the digital file while effectively ‘returning’ the document.
To learn more:
Patent Procedure (3)
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.
Information about reexamination proceedings is made available to the public in several ways:
- Announcement in the Official Gazette:
- The filing of each request for reexamination (where the full fee has been paid) is announced
- Reexaminations ordered at the Director’s initiative are also announced
- Public inspection of reexamination files:
- Once scanned into the Image File Wrapper (IFW) system, reexamination files are open to public inspection
- Files can be accessed through Patent Center on the USPTO website
- The entire contents of the reexamination file are viewable, except for non-patent literature
Direct quote: ‘All requests for reexamination for which all the requirements of § 1.510 or § 1.915 have been satisfied will be announced in the Official Gazette. Any reexaminations at the initiative of the Director pursuant to § 1.520 will also be announced in the Official Gazette.’ (37 CFR 1.11(c))
Note that a reexamination file is typically not open to inspection until it has been scanned into the IFW system.
For papers that have been scanned into the Image File Wrapper (IFW) system, the USPTO has a specific procedure for ‘returning’ them. According to MPEP 508.02:
“If a paper has been scanned into the IFW, ‘return’ of the paper will be accomplished by the Office closing it in IFW.”
This means that instead of physically returning the paper, the USPTO will electronically close or restrict access to the document within the IFW system. This process maintains the integrity of the digital file while effectively ‘returning’ the document.
To learn more: