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 (1)
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 200 – Types and Status of Application; Benefit and Priority Claims (1)
The front page of a patent includes the following information regarding foreign priority claims:
- The country of the foreign application
- The filing date of the foreign application
- The number of the foreign application
This information is included for applications where the bib-data sheet has been properly endorsed. As stated in the MPEP: “The front page of the patent when it is issued, and the listing in the Official Gazette, will refer to the claim of priority, giving the country, the filing date, and the number of the foreign application in those applications in which the bib-data sheet has been endorsed.” (MPEP 202)
MPEP 202-Cross-Noting (1)
The front page of a patent includes the following information regarding foreign priority claims:
- The country of the foreign application
- The filing date of the foreign application
- The number of the foreign application
This information is included for applications where the bib-data sheet has been properly endorsed. As stated in the MPEP: “The front page of the patent when it is issued, and the listing in the Official Gazette, will refer to the claim of priority, giving the country, the filing date, and the number of the foreign application in those applications in which the bib-data sheet has been endorsed.” (MPEP 202)
Patent Law (2)
The front page of a patent includes the following information regarding foreign priority claims:
- The country of the foreign application
- The filing date of the foreign application
- The number of the foreign application
This information is included for applications where the bib-data sheet has been properly endorsed. As stated in the MPEP: “The front page of the patent when it is issued, and the listing in the Official Gazette, will refer to the claim of priority, giving the country, the filing date, and the number of the foreign application in those applications in which the bib-data sheet has been endorsed.” (MPEP 202)
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.
Patent Procedure (2)
The front page of a patent includes the following information regarding foreign priority claims:
- The country of the foreign application
- The filing date of the foreign application
- The number of the foreign application
This information is included for applications where the bib-data sheet has been properly endorsed. As stated in the MPEP: “The front page of the patent when it is issued, and the listing in the Official Gazette, will refer to the claim of priority, giving the country, the filing date, and the number of the foreign application in those applications in which the bib-data sheet has been endorsed.” (MPEP 202)
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.