Patent Law FAQ

Status information of an application includes:

• Whether the application is pending, abandoned, or patented
• Whether the application has been published
• The application number or the serial number plus any one of the filing date of the national application, the international filing date, or the date of entry into the national stage
• Whether another application claims the benefit of the application, and if so, status information for those applications

This is defined in 37 CFR 1.14(a)(2) and further elaborated in MPEP 102.

For pending or abandoned applications that have not been published, the Office may only confirm that an application has been filed, provide the application number and filing date, the inventorship information, the classification, and the group art unit assigned to the application. This limited information is available to the public to help avoid infringement of pending patent rights.

Under MPEP 102, limited information about a pending application can be obtained, including:

• Application number
• Filing date
• Whether the application has been published
• Whether the application has been assigned
• Power of attorney
• Name of the examiner to whom the application is assigned
• Status of the application (e.g., pending, abandoned, or issued)
• Group art unit number
• Filing receipt information
• If available, projected publication date

However, access to the application file itself is restricted unless special circumstances apply or the application has been published.

USPTO personnel should use Patent Data Portal to determine the current location or status of an application. For Image File Wrapper (IFW) applications, no location is associated with the file.

As stated in MPEP 102: When it is desired to determine the current location or status of an application, Office personnel should use Patent Data Portal. If the application is an Image File Wrapper (IFW) application, no location is associated with the file.

In general, status information cannot be provided for unpublished patent applications, unless the requester is:

1. The applicant
2. A patent practitioner of record
3. The assignee or an assignee of an undivided part interest
4. The inventor or a joint inventor
5. A registered attorney or agent named in the application papers

Alternatively, a person with written authority from any of the above parties can be provided status information.

There are some exceptions where status information can be supplied for unpublished applications, such as:

• When the application is identified in a published patent document or another application publication
• When the application is a national stage application or claims benefit to a published international application and the US is a designated state
• When the application is an international design application maintained by the USPTO for national processing

According to MPEP 203.08, information about a patent application’s status can be provided to:

• The applicant
• The applicant’s assignee
• The attorney or agent of record
• Anyone with written authority from one of the above

The MPEP states: “Status information which may be given includes information as to whether the application has been filed, whether the application is awaiting action by the examiner, as well as other matters which do not involve the disclosure of confidential information.”

It’s important to note that the USPTO is prohibited from disclosing certain information to unauthorized parties, such as the date of filing, names of inventors, or specific details about the prosecution of the application.

To learn more:

• patent application status
• confidentiality
• USPTO information disclosure

What are the recommended methods for checking application status?

The USPTO recommends several methods for checking application status:

• Patent Application Information Retrieval (PAIR) system: This is the primary method for checking application status online. PAIR provides real-time access to the status of patent applications.
• USPTO Call Center: For those who cannot access the Internet, the USPTO Call Center can provide status information.
• Written requests: These should only be submitted if the application cannot be accessed through PAIR and the USPTO Call Center cannot provide the necessary information.

According to MPEP 203.08, ‘Applicants and their attorneys or agents are encouraged to use the PAIR system for checking patent application status.’

To learn more:

• patent application status
• PAIR system
• USPTO Call Center
• written requests

You can check the status of your patent application through several methods:

• Patent Center: This platform provides information on issued patents, published patent applications, and applications claiming domestic benefit.
• Private PAIR (Patent Application Information Retrieval): For unpublished applications, applicants or their registered representatives can securely track progress. Note that a Customer Number must be associated with the application for access.
• Application Assistance Unit (AAU): For general inquiries, you can contact the AAU directly.

As stated in the MPEP: Status information relating to patent applications is available through Patent Center and the Patent Application Information Retrieval (PAIR) system. (MPEP 203.08)

For most up-to-date information, the MPEP recommends: Applicants and other persons seeking status information regarding an application should check Patent Center on the Office website at www.uspto.gov/patents/apply/patent-center.

To learn more:

• patent application status
• Patent Center
• PAIR system
• Application Assistance Unit
• status inquiry

A provisional patent application is considered abandoned no later than 12 months after its filing date. MPEP 203.05 states that an abandoned application includes, in the case of a provisional application, no later than 12 months after the filing date of the provisional application (see MPEP § 711.03(c) and 35 U.S.C. 111(b)(5)). This means that provisional applications have a statutory life of one year from their filing date, after which they are automatically abandoned if not converted to a nonprovisional application or claimed as priority in a nonprovisional application.

For more information, you can refer to MPEP § 711.03(c) and 35 U.S.C. 111(b)(5).

According to MPEP 203.03, a nonprovisional patent application is considered “amended” after it has been initially acted on by the examiner, and the applicant has filed a reply to the examiner’s action. The applicant’s reply may include:

• An election
• A traverse of the examiner’s action
• An amendment to the application

MPEP 203.02 defines a ‘rejected’ application as follows:

A nonprovisional application which, during its prosecution in the examining group and before allowance, contains an unanswered examiner’s action is designated as a ‘rejected’ application. Its status as a ‘rejected’ application continues as such until acted upon by the applicant in reply to the examiner’s action (within the allotted reply period), or until it becomes abandoned.

This status applies to applications that have received an Office action from the examiner but have not yet been responded to by the applicant.

MPEP 203.05 outlines several scenarios where an application is considered abandoned:

• Formal abandonment by the applicant or attorney/agent of record
• Failure to take appropriate action at some stage in the prosecution of a nonprovisional application
• Failure to pay the issue fee
• For provisional applications, no later than 12 months after the filing date

Abandonment removes the application from the Office docket of pending applications. It’s crucial for applicants to be aware of deadlines and required actions to prevent unintentional abandonment.

Once a nonprovisional patent application has been examined and determined to meet all statutory requirements, a notice of allowance is sent to the applicant. The status of the application is then considered “allowed” or “in issue”. As per MPEP 203.04:

An “allowed” nonprovisional application or an application “in issue” is one which has been examined and determined to meet all statutory requirements, and in which a notice of allowance has been sent to the applicant. Its status as an “allowed” application continues from the date of the notice of allowance until it issues as a patent, unless it is withdrawn from issue (37 CFR 1.313), or becomes abandoned for failure to pay the issue fee and any required publication fee (37 CFR 1.314 and 1.316).

A “new” nonprovisional patent application is one that has not yet received an action by the examiner. Its status as a “new” application continues until the examiner takes action, even if the applicant files an amendment prior to the first Office Action. A request for continued examination (RCE) under 37 CFR 1.114 is not considered a new application filing.

After an application becomes abandoned, it is no longer pending and is removed from the USPTO’s active files. The application file, however, is retained in storage for a period as determined by the USPTO. During this retention period, certain actions may still be possible:

1. The applicant may file a petition to revive the application if the abandonment was unintentional or unavoidable.
2. The application may serve as a basis for claiming benefit in a later-filed application, subject to certain conditions.
3. The application may be used as prior art against other applications.
4. The public may request access to the application file if it has been opened to public inspection.

It’s important to note that once an application is abandoned, it cannot be used as the basis for a statutory invention registration. For more details on abandoned applications, see MPEP 203.05 and MPEP 711.

A nonprovisional patent application is designated as “rejected” if, during prosecution before allowance, it contains an examiner’s action that has not been replied to by the applicant. As stated in MPEP 203.02:

A nonprovisional application which, during its prosecution in the examining group and before allowance, contains an unanswered examiner’s action is designated as a “rejected” application. Its status as a “rejected” application continues as such until acted upon by the applicant in reply to the examiner’s action (within the allotted reply period), or until it becomes abandoned.

According to MPEP 203.05, there are four main reasons for patent application abandonment:

1. Formal abandonment by the applicant or their representative
2. Failure of the applicant to take appropriate action during prosecution
3. Failure to pay the issue fee
4. For provisional applications, the passage of 12 months from the filing date

The MPEP states: An abandoned application is, inter alia, one which is removed from the Office docket of pending applications: (A) through formal abandonment by the applicant or by the attorney or agent of record; (B) through failure of applicant to take appropriate action at some stage in the prosecution of a nonprovisional application; (C) for failure to pay the issue fee (MPEP § 711 to § 711.05); or (D) in the case of a provisional application, no later than 12 months after the filing date of the provisional application.

The United States Patent and Trademark Office (USPTO) defines an abandoned patent application through the Manual of Patent Examining Procedure (MPEP) 203.05. According to this section, an abandoned application is defined as:

An abandoned application is, inter alia, one which is removed from the Office docket of pending applications

This removal from the docket can occur for various reasons, including formal abandonment, failure to take appropriate action during prosecution, non-payment of fees, or the expiration of the statutory period for provisional applications.

MPEP 203.03 defines an ‘amended’ application as:

An ‘amended’ nonprovisional application is one that having been acted on by the examiner, has in turn been acted on by the applicant in reply to the examiner’s action. The applicant’s reply may be confined to an election, a traverse of the action taken by the examiner or may include an amendment of the application.

In essence, an application becomes ‘amended’ when the applicant responds to an examiner’s action, whether through election, traversal, or by submitting amendments to the application.

Yes, failure to pay the issue fee can result in an abandoned patent application. MPEP 203.05 explicitly states that an abandoned application includes one removed from the Office docket for failure to pay the issue fee (MPEP § 711 to § 711.05). This means that even if an application has been approved for issuance, if the applicant fails to pay the required issue fee within the specified time frame, the application will be considered abandoned.

For more detailed information on this topic, you can refer to MPEP § 711 to § 711.05.

A provisional patent application is considered abandoned no later than 12 months after its filing date. MPEP 203.05 states that an abandoned application includes, in the case of a provisional application, no later than 12 months after the filing date of the provisional application (see MPEP § 711.03(c) and 35 U.S.C. 111(b)(5)). This means that provisional applications have a statutory life of one year from their filing date, after which they are automatically abandoned if not converted to a nonprovisional application or claimed as priority in a nonprovisional application.

For more information, you can refer to MPEP § 711.03(c) and 35 U.S.C. 111(b)(5).

According to MPEP 203.03, a nonprovisional patent application is considered “amended” after it has been initially acted on by the examiner, and the applicant has filed a reply to the examiner’s action. The applicant’s reply may include:

• An election
• A traverse of the examiner’s action
• An amendment to the application

MPEP 203.02 defines a ‘rejected’ application as follows:

A nonprovisional application which, during its prosecution in the examining group and before allowance, contains an unanswered examiner’s action is designated as a ‘rejected’ application. Its status as a ‘rejected’ application continues as such until acted upon by the applicant in reply to the examiner’s action (within the allotted reply period), or until it becomes abandoned.

This status applies to applications that have received an Office action from the examiner but have not yet been responded to by the applicant.

MPEP 203.05 outlines several scenarios where an application is considered abandoned:

• Formal abandonment by the applicant or attorney/agent of record
• Failure to take appropriate action at some stage in the prosecution of a nonprovisional application
• Failure to pay the issue fee
• For provisional applications, no later than 12 months after the filing date

Abandonment removes the application from the Office docket of pending applications. It’s crucial for applicants to be aware of deadlines and required actions to prevent unintentional abandonment.

Once a nonprovisional patent application has been examined and determined to meet all statutory requirements, a notice of allowance is sent to the applicant. The status of the application is then considered “allowed” or “in issue”. As per MPEP 203.04:

An “allowed” nonprovisional application or an application “in issue” is one which has been examined and determined to meet all statutory requirements, and in which a notice of allowance has been sent to the applicant. Its status as an “allowed” application continues from the date of the notice of allowance until it issues as a patent, unless it is withdrawn from issue (37 CFR 1.313), or becomes abandoned for failure to pay the issue fee and any required publication fee (37 CFR 1.314 and 1.316).

A “new” nonprovisional patent application is one that has not yet received an action by the examiner. Its status as a “new” application continues until the examiner takes action, even if the applicant files an amendment prior to the first Office Action. A request for continued examination (RCE) under 37 CFR 1.114 is not considered a new application filing.

After an application becomes abandoned, it is no longer pending and is removed from the USPTO’s active files. The application file, however, is retained in storage for a period as determined by the USPTO. During this retention period, certain actions may still be possible:

1. The applicant may file a petition to revive the application if the abandonment was unintentional or unavoidable.
2. The application may serve as a basis for claiming benefit in a later-filed application, subject to certain conditions.
3. The application may be used as prior art against other applications.
4. The public may request access to the application file if it has been opened to public inspection.

It’s important to note that once an application is abandoned, it cannot be used as the basis for a statutory invention registration. For more details on abandoned applications, see MPEP 203.05 and MPEP 711.

A nonprovisional patent application is designated as “rejected” if, during prosecution before allowance, it contains an examiner’s action that has not been replied to by the applicant. As stated in MPEP 203.02:

A nonprovisional application which, during its prosecution in the examining group and before allowance, contains an unanswered examiner’s action is designated as a “rejected” application. Its status as a “rejected” application continues as such until acted upon by the applicant in reply to the examiner’s action (within the allotted reply period), or until it becomes abandoned.

According to MPEP 203.05, there are four main reasons for patent application abandonment:

1. Formal abandonment by the applicant or their representative
2. Failure of the applicant to take appropriate action during prosecution
3. Failure to pay the issue fee
4. For provisional applications, the passage of 12 months from the filing date

The MPEP states: An abandoned application is, inter alia, one which is removed from the Office docket of pending applications: (A) through formal abandonment by the applicant or by the attorney or agent of record; (B) through failure of applicant to take appropriate action at some stage in the prosecution of a nonprovisional application; (C) for failure to pay the issue fee (MPEP § 711 to § 711.05); or (D) in the case of a provisional application, no later than 12 months after the filing date of the provisional application.

The United States Patent and Trademark Office (USPTO) defines an abandoned patent application through the Manual of Patent Examining Procedure (MPEP) 203.05. According to this section, an abandoned application is defined as:

An abandoned application is, inter alia, one which is removed from the Office docket of pending applications

This removal from the docket can occur for various reasons, including formal abandonment, failure to take appropriate action during prosecution, non-payment of fees, or the expiration of the statutory period for provisional applications.

MPEP 203.03 defines an ‘amended’ application as:

An ‘amended’ nonprovisional application is one that having been acted on by the examiner, has in turn been acted on by the applicant in reply to the examiner’s action. The applicant’s reply may be confined to an election, a traverse of the action taken by the examiner or may include an amendment of the application.

In essence, an application becomes ‘amended’ when the applicant responds to an examiner’s action, whether through election, traversal, or by submitting amendments to the application.

Yes, failure to pay the issue fee can result in an abandoned patent application. MPEP 203.05 explicitly states that an abandoned application includes one removed from the Office docket for failure to pay the issue fee (MPEP § 711 to § 711.05). This means that even if an application has been approved for issuance, if the applicant fails to pay the required issue fee within the specified time frame, the application will be considered abandoned.

For more detailed information on this topic, you can refer to MPEP § 711 to § 711.05.

According to MPEP 203.08, information about a patent application’s status can be provided to:

• The applicant
• The applicant’s assignee
• The attorney or agent of record
• Anyone with written authority from one of the above

The MPEP states: “Status information which may be given includes information as to whether the application has been filed, whether the application is awaiting action by the examiner, as well as other matters which do not involve the disclosure of confidential information.”

It’s important to note that the USPTO is prohibited from disclosing certain information to unauthorized parties, such as the date of filing, names of inventors, or specific details about the prosecution of the application.

To learn more:

• patent application status
• confidentiality
• USPTO information disclosure

A provisional patent application is considered abandoned no later than 12 months after its filing date. MPEP 203.05 states that an abandoned application includes, in the case of a provisional application, no later than 12 months after the filing date of the provisional application (see MPEP § 711.03(c) and 35 U.S.C. 111(b)(5)). This means that provisional applications have a statutory life of one year from their filing date, after which they are automatically abandoned if not converted to a nonprovisional application or claimed as priority in a nonprovisional application.

For more information, you can refer to MPEP § 711.03(c) and 35 U.S.C. 111(b)(5).

According to MPEP 203.03, a nonprovisional patent application is considered “amended” after it has been initially acted on by the examiner, and the applicant has filed a reply to the examiner’s action. The applicant’s reply may include:

• An election
• A traverse of the examiner’s action
• An amendment to the application

MPEP 203.02 defines a ‘rejected’ application as follows:

A nonprovisional application which, during its prosecution in the examining group and before allowance, contains an unanswered examiner’s action is designated as a ‘rejected’ application. Its status as a ‘rejected’ application continues as such until acted upon by the applicant in reply to the examiner’s action (within the allotted reply period), or until it becomes abandoned.

This status applies to applications that have received an Office action from the examiner but have not yet been responded to by the applicant.

MPEP 203.05 outlines several scenarios where an application is considered abandoned:

• Formal abandonment by the applicant or attorney/agent of record
• Failure to take appropriate action at some stage in the prosecution of a nonprovisional application
• Failure to pay the issue fee
• For provisional applications, no later than 12 months after the filing date

Abandonment removes the application from the Office docket of pending applications. It’s crucial for applicants to be aware of deadlines and required actions to prevent unintentional abandonment.

Once a nonprovisional patent application has been examined and determined to meet all statutory requirements, a notice of allowance is sent to the applicant. The status of the application is then considered “allowed” or “in issue”. As per MPEP 203.04:

An “allowed” nonprovisional application or an application “in issue” is one which has been examined and determined to meet all statutory requirements, and in which a notice of allowance has been sent to the applicant. Its status as an “allowed” application continues from the date of the notice of allowance until it issues as a patent, unless it is withdrawn from issue (37 CFR 1.313), or becomes abandoned for failure to pay the issue fee and any required publication fee (37 CFR 1.314 and 1.316).

A “new” nonprovisional patent application is one that has not yet received an action by the examiner. Its status as a “new” application continues until the examiner takes action, even if the applicant files an amendment prior to the first Office Action. A request for continued examination (RCE) under 37 CFR 1.114 is not considered a new application filing.

Status information of an application includes:

• Whether the application is pending, abandoned, or patented
• Whether the application has been published
• The application number or the serial number plus any one of the filing date of the national application, the international filing date, or the date of entry into the national stage
• Whether another application claims the benefit of the application, and if so, status information for those applications

This is defined in 37 CFR 1.14(a)(2) and further elaborated in MPEP 102.

For pending or abandoned applications that have not been published, the Office may only confirm that an application has been filed, provide the application number and filing date, the inventorship information, the classification, and the group art unit assigned to the application. This limited information is available to the public to help avoid infringement of pending patent rights.

Under MPEP 102, limited information about a pending application can be obtained, including:

• Application number
• Filing date
• Whether the application has been published
• Whether the application has been assigned
• Power of attorney
• Name of the examiner to whom the application is assigned
• Status of the application (e.g., pending, abandoned, or issued)
• Group art unit number
• Filing receipt information
• If available, projected publication date

However, access to the application file itself is restricted unless special circumstances apply or the application has been published.

After an application becomes abandoned, it is no longer pending and is removed from the USPTO’s active files. The application file, however, is retained in storage for a period as determined by the USPTO. During this retention period, certain actions may still be possible:

1. The applicant may file a petition to revive the application if the abandonment was unintentional or unavoidable.
2. The application may serve as a basis for claiming benefit in a later-filed application, subject to certain conditions.
3. The application may be used as prior art against other applications.
4. The public may request access to the application file if it has been opened to public inspection.

It’s important to note that once an application is abandoned, it cannot be used as the basis for a statutory invention registration. For more details on abandoned applications, see MPEP 203.05 and MPEP 711.

A nonprovisional patent application is designated as “rejected” if, during prosecution before allowance, it contains an examiner’s action that has not been replied to by the applicant. As stated in MPEP 203.02:

A nonprovisional application which, during its prosecution in the examining group and before allowance, contains an unanswered examiner’s action is designated as a “rejected” application. Its status as a “rejected” application continues as such until acted upon by the applicant in reply to the examiner’s action (within the allotted reply period), or until it becomes abandoned.

What are the recommended methods for checking application status?

The USPTO recommends several methods for checking application status:

• Patent Application Information Retrieval (PAIR) system: This is the primary method for checking application status online. PAIR provides real-time access to the status of patent applications.
• USPTO Call Center: For those who cannot access the Internet, the USPTO Call Center can provide status information.
• Written requests: These should only be submitted if the application cannot be accessed through PAIR and the USPTO Call Center cannot provide the necessary information.

According to MPEP 203.08, ‘Applicants and their attorneys or agents are encouraged to use the PAIR system for checking patent application status.’

To learn more:

• patent application status
• PAIR system
• USPTO Call Center
• written requests

According to MPEP 203.05, there are four main reasons for patent application abandonment:

1. Formal abandonment by the applicant or their representative
2. Failure of the applicant to take appropriate action during prosecution
3. Failure to pay the issue fee
4. For provisional applications, the passage of 12 months from the filing date

The MPEP states: An abandoned application is, inter alia, one which is removed from the Office docket of pending applications: (A) through formal abandonment by the applicant or by the attorney or agent of record; (B) through failure of applicant to take appropriate action at some stage in the prosecution of a nonprovisional application; (C) for failure to pay the issue fee (MPEP § 711 to § 711.05); or (D) in the case of a provisional application, no later than 12 months after the filing date of the provisional application.

The United States Patent and Trademark Office (USPTO) defines an abandoned patent application through the Manual of Patent Examining Procedure (MPEP) 203.05. According to this section, an abandoned application is defined as:

An abandoned application is, inter alia, one which is removed from the Office docket of pending applications

This removal from the docket can occur for various reasons, including formal abandonment, failure to take appropriate action during prosecution, non-payment of fees, or the expiration of the statutory period for provisional applications.

MPEP 203.03 defines an ‘amended’ application as:

An ‘amended’ nonprovisional application is one that having been acted on by the examiner, has in turn been acted on by the applicant in reply to the examiner’s action. The applicant’s reply may be confined to an election, a traverse of the action taken by the examiner or may include an amendment of the application.

In essence, an application becomes ‘amended’ when the applicant responds to an examiner’s action, whether through election, traversal, or by submitting amendments to the application.

USPTO personnel should use Patent Data Portal to determine the current location or status of an application. For Image File Wrapper (IFW) applications, no location is associated with the file.

As stated in MPEP 102: When it is desired to determine the current location or status of an application, Office personnel should use Patent Data Portal. If the application is an Image File Wrapper (IFW) application, no location is associated with the file.

You can check the status of your patent application through several methods:

• Patent Center: This platform provides information on issued patents, published patent applications, and applications claiming domestic benefit.
• Private PAIR (Patent Application Information Retrieval): For unpublished applications, applicants or their registered representatives can securely track progress. Note that a Customer Number must be associated with the application for access.
• Application Assistance Unit (AAU): For general inquiries, you can contact the AAU directly.

As stated in the MPEP: Status information relating to patent applications is available through Patent Center and the Patent Application Information Retrieval (PAIR) system. (MPEP 203.08)

For most up-to-date information, the MPEP recommends: Applicants and other persons seeking status information regarding an application should check Patent Center on the Office website at www.uspto.gov/patents/apply/patent-center.

To learn more:

• patent application status
• Patent Center
• PAIR system
• Application Assistance Unit
• status inquiry

In general, status information cannot be provided for unpublished patent applications, unless the requester is:

1. The applicant
2. A patent practitioner of record
3. The assignee or an assignee of an undivided part interest
4. The inventor or a joint inventor
5. A registered attorney or agent named in the application papers

Alternatively, a person with written authority from any of the above parties can be provided status information.

There are some exceptions where status information can be supplied for unpublished applications, such as:

• When the application is identified in a published patent document or another application publication
• When the application is a national stage application or claims benefit to a published international application and the US is a designated state
• When the application is an international design application maintained by the USPTO for national processing

Yes, failure to pay the issue fee can result in an abandoned patent application. MPEP 203.05 explicitly states that an abandoned application includes one removed from the Office docket for failure to pay the issue fee (MPEP § 711 to § 711.05). This means that even if an application has been approved for issuance, if the applicant fails to pay the required issue fee within the specified time frame, the application will be considered abandoned.

For more detailed information on this topic, you can refer to MPEP § 711 to § 711.05.

According to MPEP 203.08, information about a patent application’s status can be provided to:

• The applicant
• The applicant’s assignee
• The attorney or agent of record
• Anyone with written authority from one of the above

The MPEP states: “Status information which may be given includes information as to whether the application has been filed, whether the application is awaiting action by the examiner, as well as other matters which do not involve the disclosure of confidential information.”

It’s important to note that the USPTO is prohibited from disclosing certain information to unauthorized parties, such as the date of filing, names of inventors, or specific details about the prosecution of the application.

To learn more:

• patent application status
• confidentiality
• USPTO information disclosure

A provisional patent application is considered abandoned no later than 12 months after its filing date. MPEP 203.05 states that an abandoned application includes, in the case of a provisional application, no later than 12 months after the filing date of the provisional application (see MPEP § 711.03(c) and 35 U.S.C. 111(b)(5)). This means that provisional applications have a statutory life of one year from their filing date, after which they are automatically abandoned if not converted to a nonprovisional application or claimed as priority in a nonprovisional application.

For more information, you can refer to MPEP § 711.03(c) and 35 U.S.C. 111(b)(5).

According to MPEP 203.03, a nonprovisional patent application is considered “amended” after it has been initially acted on by the examiner, and the applicant has filed a reply to the examiner’s action. The applicant’s reply may include:

• An election
• A traverse of the examiner’s action
• An amendment to the application

MPEP 203.02 defines a ‘rejected’ application as follows:

A nonprovisional application which, during its prosecution in the examining group and before allowance, contains an unanswered examiner’s action is designated as a ‘rejected’ application. Its status as a ‘rejected’ application continues as such until acted upon by the applicant in reply to the examiner’s action (within the allotted reply period), or until it becomes abandoned.

This status applies to applications that have received an Office action from the examiner but have not yet been responded to by the applicant.

MPEP 203.05 outlines several scenarios where an application is considered abandoned:

• Formal abandonment by the applicant or attorney/agent of record
• Failure to take appropriate action at some stage in the prosecution of a nonprovisional application
• Failure to pay the issue fee
• For provisional applications, no later than 12 months after the filing date

Abandonment removes the application from the Office docket of pending applications. It’s crucial for applicants to be aware of deadlines and required actions to prevent unintentional abandonment.

Once a nonprovisional patent application has been examined and determined to meet all statutory requirements, a notice of allowance is sent to the applicant. The status of the application is then considered “allowed” or “in issue”. As per MPEP 203.04:

An “allowed” nonprovisional application or an application “in issue” is one which has been examined and determined to meet all statutory requirements, and in which a notice of allowance has been sent to the applicant. Its status as an “allowed” application continues from the date of the notice of allowance until it issues as a patent, unless it is withdrawn from issue (37 CFR 1.313), or becomes abandoned for failure to pay the issue fee and any required publication fee (37 CFR 1.314 and 1.316).

A “new” nonprovisional patent application is one that has not yet received an action by the examiner. Its status as a “new” application continues until the examiner takes action, even if the applicant files an amendment prior to the first Office Action. A request for continued examination (RCE) under 37 CFR 1.114 is not considered a new application filing.

Status information of an application includes:

• Whether the application is pending, abandoned, or patented
• Whether the application has been published
• The application number or the serial number plus any one of the filing date of the national application, the international filing date, or the date of entry into the national stage
• Whether another application claims the benefit of the application, and if so, status information for those applications

This is defined in 37 CFR 1.14(a)(2) and further elaborated in MPEP 102.

For pending or abandoned applications that have not been published, the Office may only confirm that an application has been filed, provide the application number and filing date, the inventorship information, the classification, and the group art unit assigned to the application. This limited information is available to the public to help avoid infringement of pending patent rights.

Under MPEP 102, limited information about a pending application can be obtained, including:

• Application number
• Filing date
• Whether the application has been published
• Whether the application has been assigned
• Power of attorney
• Name of the examiner to whom the application is assigned
• Status of the application (e.g., pending, abandoned, or issued)
• Group art unit number
• Filing receipt information
• If available, projected publication date

However, access to the application file itself is restricted unless special circumstances apply or the application has been published.

After an application becomes abandoned, it is no longer pending and is removed from the USPTO’s active files. The application file, however, is retained in storage for a period as determined by the USPTO. During this retention period, certain actions may still be possible:

1. The applicant may file a petition to revive the application if the abandonment was unintentional or unavoidable.
2. The application may serve as a basis for claiming benefit in a later-filed application, subject to certain conditions.
3. The application may be used as prior art against other applications.
4. The public may request access to the application file if it has been opened to public inspection.

It’s important to note that once an application is abandoned, it cannot be used as the basis for a statutory invention registration. For more details on abandoned applications, see MPEP 203.05 and MPEP 711.

A nonprovisional patent application is designated as “rejected” if, during prosecution before allowance, it contains an examiner’s action that has not been replied to by the applicant. As stated in MPEP 203.02:

A nonprovisional application which, during its prosecution in the examining group and before allowance, contains an unanswered examiner’s action is designated as a “rejected” application. Its status as a “rejected” application continues as such until acted upon by the applicant in reply to the examiner’s action (within the allotted reply period), or until it becomes abandoned.

What are the recommended methods for checking application status?

The USPTO recommends several methods for checking application status:

• Patent Application Information Retrieval (PAIR) system: This is the primary method for checking application status online. PAIR provides real-time access to the status of patent applications.
• USPTO Call Center: For those who cannot access the Internet, the USPTO Call Center can provide status information.
• Written requests: These should only be submitted if the application cannot be accessed through PAIR and the USPTO Call Center cannot provide the necessary information.

According to MPEP 203.08, ‘Applicants and their attorneys or agents are encouraged to use the PAIR system for checking patent application status.’

To learn more:

• patent application status
• PAIR system
• USPTO Call Center
• written requests

According to MPEP 203.05, there are four main reasons for patent application abandonment:

1. Formal abandonment by the applicant or their representative
2. Failure of the applicant to take appropriate action during prosecution
3. Failure to pay the issue fee
4. For provisional applications, the passage of 12 months from the filing date

The MPEP states: An abandoned application is, inter alia, one which is removed from the Office docket of pending applications: (A) through formal abandonment by the applicant or by the attorney or agent of record; (B) through failure of applicant to take appropriate action at some stage in the prosecution of a nonprovisional application; (C) for failure to pay the issue fee (MPEP § 711 to § 711.05); or (D) in the case of a provisional application, no later than 12 months after the filing date of the provisional application.

The United States Patent and Trademark Office (USPTO) defines an abandoned patent application through the Manual of Patent Examining Procedure (MPEP) 203.05. According to this section, an abandoned application is defined as:

An abandoned application is, inter alia, one which is removed from the Office docket of pending applications

This removal from the docket can occur for various reasons, including formal abandonment, failure to take appropriate action during prosecution, non-payment of fees, or the expiration of the statutory period for provisional applications.

MPEP 203.03 defines an ‘amended’ application as:

An ‘amended’ nonprovisional application is one that having been acted on by the examiner, has in turn been acted on by the applicant in reply to the examiner’s action. The applicant’s reply may be confined to an election, a traverse of the action taken by the examiner or may include an amendment of the application.

In essence, an application becomes ‘amended’ when the applicant responds to an examiner’s action, whether through election, traversal, or by submitting amendments to the application.

USPTO personnel should use Patent Data Portal to determine the current location or status of an application. For Image File Wrapper (IFW) applications, no location is associated with the file.

As stated in MPEP 102: When it is desired to determine the current location or status of an application, Office personnel should use Patent Data Portal. If the application is an Image File Wrapper (IFW) application, no location is associated with the file.

You can check the status of your patent application through several methods:

• Patent Center: This platform provides information on issued patents, published patent applications, and applications claiming domestic benefit.
• Private PAIR (Patent Application Information Retrieval): For unpublished applications, applicants or their registered representatives can securely track progress. Note that a Customer Number must be associated with the application for access.
• Application Assistance Unit (AAU): For general inquiries, you can contact the AAU directly.

As stated in the MPEP: Status information relating to patent applications is available through Patent Center and the Patent Application Information Retrieval (PAIR) system. (MPEP 203.08)

For most up-to-date information, the MPEP recommends: Applicants and other persons seeking status information regarding an application should check Patent Center on the Office website at www.uspto.gov/patents/apply/patent-center.

To learn more:

• patent application status
• Patent Center
• PAIR system
• Application Assistance Unit
• status inquiry

Yes, failure to pay the issue fee can result in an abandoned patent application. MPEP 203.05 explicitly states that an abandoned application includes one removed from the Office docket for failure to pay the issue fee (MPEP § 711 to § 711.05). This means that even if an application has been approved for issuance, if the applicant fails to pay the required issue fee within the specified time frame, the application will be considered abandoned.

For more detailed information on this topic, you can refer to MPEP § 711 to § 711.05.