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 101-General (1)
MPEP 101 specifies the following procedure that should be followed before giving any information about an unpublished pending or abandoned patent application over the telephone:
- Obtain the caller’s full name, the application number, and the caller’s telephone number. Ask if there is an attorney or agent of record.
- Verify the identity of the caller and their authority to receive information.
- For a practitioner of record, check their registration number in Patent Data Portal. Only call back a practitioner at the number listed in Patent Data Portal.
- For an inventor, applicant, or assignee, check the correspondence address in Patent Data Portal and call back at the number provided if it matches.
- If identity and authority cannot be verified, inform the caller that no information can be provided.
MPEP 103-Right of Public To Inspect Patent Files and Some Application Files (1)
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:
- Submit a written request to the USPTO’s FOIA Officer.
- Clearly identify the records you’re seeking.
- Explain why you believe the information should be disclosed if it’s not typically available to the public.
- Be prepared to pay any applicable fees for search and duplication.
- 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.
MPEP 200 - Types and Status of Application; Benefit and Priority (2)
According to MPEP ¶ 2.30, a CPA acceptance notice typically includes the following information:
- The filing date of the CPA request
- The application number of the parent application
- Confirmation that the CPA request is acceptable
- Statement that a CPA has been established
The MPEP provides a template for examiners, stating: “The request filed on [1] for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) based on parent Application No. [2] is acceptable and a CPA has been established. An action on the CPA follows.”
For more information on patent application information, visit: patent application information.
For unpublished patent applications, access to information is more restricted and typically limited to the applicant or their registered representative. Here’s what you need to know:
- Unpublished application information is available through Private PAIR.
- You must associate a Customer Number with your application to access this information.
- If you’re not the applicant or authorized representative, access may be restricted due to confidentiality rules.
The MPEP states: In private PAIR, an applicant (or applicant’s registered patent attorney or registered patent agent) can securely track the progress of applicant’s application(s) through the USPTO. Private PAIR makes available information relating to unpublished patent applications, but the applicant must associate a Customer Number with the application to obtain access.
(MPEP 203.08)
For more information on Customer Number practice, refer to MPEP § 403.
To learn more:
MPEP 201 - Types of Applications (1)
According to MPEP ¶ 2.30, a CPA acceptance notice typically includes the following information:
- The filing date of the CPA request
- The application number of the parent application
- Confirmation that the CPA request is acceptable
- Statement that a CPA has been established
The MPEP provides a template for examiners, stating: “The request filed on [1] for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) based on parent Application No. [2] is acceptable and a CPA has been established. An action on the CPA follows.”
For more information on patent application information, visit: patent application information.
MPEP 400 - Representative of Applicant or Owner (1)
Can the USPTO independently verify information provided by patent applicants?
Yes, the USPTO has the authority to independently verify information provided by patent applicants. MPEP 410 states:
“The Office is not the guarantor of the accuracy, correctness or completeness of the information supplied by the applicant.”
This means that while the USPTO relies on the information provided by applicants, it may:
- Conduct its own investigations
- Request additional information or evidence
- Consult external sources to verify claims
Applicants should be aware that the USPTO can and may verify any information submitted during the patent application process. It’s crucial to provide accurate and complete information to avoid potential legal issues or loss of patent rights.
For more information on patent application information, visit: patent application information.
MPEP 410 - Representations to the U.S. Patent and Trademark Office (1)
Can the USPTO independently verify information provided by patent applicants?
Yes, the USPTO has the authority to independently verify information provided by patent applicants. MPEP 410 states:
“The Office is not the guarantor of the accuracy, correctness or completeness of the information supplied by the applicant.”
This means that while the USPTO relies on the information provided by applicants, it may:
- Conduct its own investigations
- Request additional information or evidence
- Consult external sources to verify claims
Applicants should be aware that the USPTO can and may verify any information submitted during the patent application process. It’s crucial to provide accurate and complete information to avoid potential legal issues or loss of patent rights.
For more information on patent application information, visit: patent application information.
Patent Examining Procedure (1)
MPEP 101 specifies the following procedure that should be followed before giving any information about an unpublished pending or abandoned patent application over the telephone:
- Obtain the caller’s full name, the application number, and the caller’s telephone number. Ask if there is an attorney or agent of record.
- Verify the identity of the caller and their authority to receive information.
- For a practitioner of record, check their registration number in Patent Data Portal. Only call back a practitioner at the number listed in Patent Data Portal.
- For an inventor, applicant, or assignee, check the correspondence address in Patent Data Portal and call back at the number provided if it matches.
- If identity and authority cannot be verified, inform the caller that no information can be provided.
Patent Law (5)
An Application Data Sheet (ADS) for pre-AIA applications includes several categories of bibliographic information:
- Applicant information (name, residence, mailing address, and citizenship)
- Correspondence information
- Application information (title, classification, drawings, etc.)
- Representative information
- Domestic priority information
- Foreign priority information
- Assignee information
As stated in MPEP 601.05(b), “Bibliographic data as used in paragraph (a) of this section includes: (1) Applicant information… (2) Correspondence information… (3) Application information… (4) Representative information… (5) Domestic priority information… (6) Foreign priority information… (7) Assignee information…”
To learn more:
According to MPEP ¶ 2.30, a CPA acceptance notice typically includes the following information:
- The filing date of the CPA request
- The application number of the parent application
- Confirmation that the CPA request is acceptable
- Statement that a CPA has been established
The MPEP provides a template for examiners, stating: “The request filed on [1] for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) based on parent Application No. [2] is acceptable and a CPA has been established. An action on the CPA follows.”
For more information on patent application information, visit: patent application information.
For unpublished patent applications, access to information is more restricted and typically limited to the applicant or their registered representative. Here’s what you need to know:
- Unpublished application information is available through Private PAIR.
- You must associate a Customer Number with your application to access this information.
- If you’re not the applicant or authorized representative, access may be restricted due to confidentiality rules.
The MPEP states: In private PAIR, an applicant (or applicant’s registered patent attorney or registered patent agent) can securely track the progress of applicant’s application(s) through the USPTO. Private PAIR makes available information relating to unpublished patent applications, but the applicant must associate a Customer Number with the application to obtain access.
(MPEP 203.08)
For more information on Customer Number practice, refer to MPEP § 403.
To learn more:
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:
- Submit a written request to the USPTO’s FOIA Officer.
- Clearly identify the records you’re seeking.
- Explain why you believe the information should be disclosed if it’s not typically available to the public.
- Be prepared to pay any applicable fees for search and duplication.
- 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.
Can the USPTO independently verify information provided by patent applicants?
Yes, the USPTO has the authority to independently verify information provided by patent applicants. MPEP 410 states:
“The Office is not the guarantor of the accuracy, correctness or completeness of the information supplied by the applicant.”
This means that while the USPTO relies on the information provided by applicants, it may:
- Conduct its own investigations
- Request additional information or evidence
- Consult external sources to verify claims
Applicants should be aware that the USPTO can and may verify any information submitted during the patent application process. It’s crucial to provide accurate and complete information to avoid potential legal issues or loss of patent rights.
For more information on patent application information, visit: patent application information.
Patent Procedure (5)
An Application Data Sheet (ADS) for pre-AIA applications includes several categories of bibliographic information:
- Applicant information (name, residence, mailing address, and citizenship)
- Correspondence information
- Application information (title, classification, drawings, etc.)
- Representative information
- Domestic priority information
- Foreign priority information
- Assignee information
As stated in MPEP 601.05(b), “Bibliographic data as used in paragraph (a) of this section includes: (1) Applicant information… (2) Correspondence information… (3) Application information… (4) Representative information… (5) Domestic priority information… (6) Foreign priority information… (7) Assignee information…”
To learn more:
According to MPEP ¶ 2.30, a CPA acceptance notice typically includes the following information:
- The filing date of the CPA request
- The application number of the parent application
- Confirmation that the CPA request is acceptable
- Statement that a CPA has been established
The MPEP provides a template for examiners, stating: “The request filed on [1] for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) based on parent Application No. [2] is acceptable and a CPA has been established. An action on the CPA follows.”
For more information on patent application information, visit: patent application information.
For unpublished patent applications, access to information is more restricted and typically limited to the applicant or their registered representative. Here’s what you need to know:
- Unpublished application information is available through Private PAIR.
- You must associate a Customer Number with your application to access this information.
- If you’re not the applicant or authorized representative, access may be restricted due to confidentiality rules.
The MPEP states: In private PAIR, an applicant (or applicant’s registered patent attorney or registered patent agent) can securely track the progress of applicant’s application(s) through the USPTO. Private PAIR makes available information relating to unpublished patent applications, but the applicant must associate a Customer Number with the application to obtain access.
(MPEP 203.08)
For more information on Customer Number practice, refer to MPEP § 403.
To learn more:
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:
- Submit a written request to the USPTO’s FOIA Officer.
- Clearly identify the records you’re seeking.
- Explain why you believe the information should be disclosed if it’s not typically available to the public.
- Be prepared to pay any applicable fees for search and duplication.
- 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.
Can the USPTO independently verify information provided by patent applicants?
Yes, the USPTO has the authority to independently verify information provided by patent applicants. MPEP 410 states:
“The Office is not the guarantor of the accuracy, correctness or completeness of the information supplied by the applicant.”
This means that while the USPTO relies on the information provided by applicants, it may:
- Conduct its own investigations
- Request additional information or evidence
- Consult external sources to verify claims
Applicants should be aware that the USPTO can and may verify any information submitted during the patent application process. It’s crucial to provide accurate and complete information to avoid potential legal issues or loss of patent rights.
For more information on patent application information, visit: patent application information.