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 (1)
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 200 - Types and Status of Application; Benefit and Priority (4)
For amended patent applications, it’s important to understand the expected timelines and when it’s appropriate to make a status inquiry:
- Examiners are expected to act on amended applications within two months of receiving them.
- A status inquiry is generally not necessary until 5-6 months have passed without a response from the USPTO.
- If six months elapse without a response, you should inquire to avoid potential abandonment.
The MPEP advises: Amended applications are expected to be taken up by the examiner and an action completed within two months of the date the examiner receives the application. Accordingly, a status inquiry is not in order after reply by the attorney until 5 or 6 months have elapsed with no response from the Office.
(MPEP 203.08)
It further states: However, in the event that a six month period has elapsed, and no response from the Office is received, applicant should inquire as to the status of the application to avoid potential abandonment.
For making inquiries, the MPEP recommends: Applicants are encouraged to use Patent Center or Private PAIR to make status inquiries.
To learn more:
For amended applications, it’s generally advised to wait before making a status inquiry. According to MPEP 203.08:
Amended applications are expected to be taken up by the examiner and an action completed within two months of the date the examiner receives the application. Accordingly, a status inquiry is not in order after reply by the attorney until 5 or 6 months have elapsed with no response from the Office.
However, if six months have passed without a response, it’s advisable to inquire about the application’s status to avoid potential abandonment. Applicants are encouraged to use Patent Center or Private PAIR for status inquiries.
For more information on amended application, visit: amended application.
For more information on Patent Center, visit: Patent Center.
For more information on Private PAIR, visit: Private PAIR.
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:
Can I file a provisional application electronically?
Yes, you can file a provisional application electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP 201.04 states:
“Applicants can file provisional applications electronically using EFS-Web or Patent Center.”
Electronic filing offers several advantages, including:
- Immediate confirmation of receipt
- Potential for reduced filing fees
- Faster processing times
- 24/7 availability
To file electronically, you’ll need to prepare your application documents in the appropriate format and submit them through the USPTO’s EFS-Web system or Patent Center.
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on Patent Center, visit: Patent Center.
For more information on provisional application, visit: provisional application.
MPEP 201 - Types of Applications (1)
Can I file a provisional application electronically?
Yes, you can file a provisional application electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP 201.04 states:
“Applicants can file provisional applications electronically using EFS-Web or Patent Center.”
Electronic filing offers several advantages, including:
- Immediate confirmation of receipt
- Potential for reduced filing fees
- Faster processing times
- 24/7 availability
To file electronically, you’ll need to prepare your application documents in the appropriate format and submit them through the USPTO’s EFS-Web system or Patent Center.
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on Patent Center, visit: Patent Center.
For more information on provisional application, visit: provisional application.
MPEP 203 - Status of Applications (1)
For amended applications, it’s generally advised to wait before making a status inquiry. According to MPEP 203.08:
Amended applications are expected to be taken up by the examiner and an action completed within two months of the date the examiner receives the application. Accordingly, a status inquiry is not in order after reply by the attorney until 5 or 6 months have elapsed with no response from the Office.
However, if six months have passed without a response, it’s advisable to inquire about the application’s status to avoid potential abandonment. Applicants are encouraged to use Patent Center or Private PAIR for status inquiries.
For more information on amended application, visit: amended application.
For more information on Patent Center, visit: Patent Center.
For more information on Private PAIR, visit: Private PAIR.
MPEP 500 - Receipt and Handling of Mail and Papers (2)
The USPTO strongly recommends the following methods for filing new patent applications:
- Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted.
- Priority Mail Express®: If not filing electronically, use this method in accordance with 37 CFR 1.10 to secure the date of deposit as the filing date.
- Hand-delivery to the USPTO office.
Avoid filing by first-class mail, as it only secures the date of receipt at the USPTO as the filing date, risking delays in delivery.
As stated in MPEP 511: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
Additionally, “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
There are two main ways to obtain a receipt for items filed with the USPTO:
- For paper filings: Include a self-addressed postcard with your submission, itemizing all components being filed. The USPTO will stamp the receipt date on the postcard and return it.
- For electronic filings via EFS-Web or Patent Center: An Electronic Acknowledgement Receipt is automatically generated and sent to the filer.
The MPEP states: ‘If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item.’ (MPEP 503)
MPEP 503 - Application Number and Filing Receipt (1)
There are two main ways to obtain a receipt for items filed with the USPTO:
- For paper filings: Include a self-addressed postcard with your submission, itemizing all components being filed. The USPTO will stamp the receipt date on the postcard and return it.
- For electronic filings via EFS-Web or Patent Center: An Electronic Acknowledgement Receipt is automatically generated and sent to the filer.
The MPEP states: ‘If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item.’ (MPEP 503)
MPEP 511 - Postal Service Interruptions and Emergencies (1)
The USPTO strongly recommends the following methods for filing new patent applications:
- Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted.
- Priority Mail Express®: If not filing electronically, use this method in accordance with 37 CFR 1.10 to secure the date of deposit as the filing date.
- Hand-delivery to the USPTO office.
Avoid filing by first-class mail, as it only secures the date of receipt at the USPTO as the filing date, risking delays in delivery.
As stated in MPEP 511: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
Additionally, “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
Patent Law (9)
For amended patent applications, it’s important to understand the expected timelines and when it’s appropriate to make a status inquiry:
- Examiners are expected to act on amended applications within two months of receiving them.
- A status inquiry is generally not necessary until 5-6 months have passed without a response from the USPTO.
- If six months elapse without a response, you should inquire to avoid potential abandonment.
The MPEP advises: Amended applications are expected to be taken up by the examiner and an action completed within two months of the date the examiner receives the application. Accordingly, a status inquiry is not in order after reply by the attorney until 5 or 6 months have elapsed with no response from the Office.
(MPEP 203.08)
It further states: However, in the event that a six month period has elapsed, and no response from the Office is received, applicant should inquire as to the status of the application to avoid potential abandonment.
For making inquiries, the MPEP recommends: Applicants are encouraged to use Patent Center or Private PAIR to make status inquiries.
To learn more:
The USPTO strongly recommends the following methods for filing new patent applications:
- Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted.
- Priority Mail Express®: If not filing electronically, use this method in accordance with 37 CFR 1.10 to secure the date of deposit as the filing date.
- Hand-delivery to the USPTO office.
Avoid filing by first-class mail, as it only secures the date of receipt at the USPTO as the filing date, risking delays in delivery.
As stated in MPEP 511: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
Additionally, “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
For amended applications, it’s generally advised to wait before making a status inquiry. According to MPEP 203.08:
Amended applications are expected to be taken up by the examiner and an action completed within two months of the date the examiner receives the application. Accordingly, a status inquiry is not in order after reply by the attorney until 5 or 6 months have elapsed with no response from the Office.
However, if six months have passed without a response, it’s advisable to inquire about the application’s status to avoid potential abandonment. Applicants are encouraged to use Patent Center or Private PAIR for status inquiries.
For more information on amended application, visit: amended application.
For more information on Patent Center, visit: Patent Center.
For more information on Private PAIR, visit: Private PAIR.
There are two main ways to obtain a receipt for items filed with the USPTO:
- For paper filings: Include a self-addressed postcard with your submission, itemizing all components being filed. The USPTO will stamp the receipt date on the postcard and return it.
- For electronic filings via EFS-Web or Patent Center: An Electronic Acknowledgement Receipt is automatically generated and sent to the filer.
The MPEP states: ‘If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item.’ (MPEP 503)
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:
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.
Can I file a provisional application electronically?
Yes, you can file a provisional application electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP 201.04 states:
“Applicants can file provisional applications electronically using EFS-Web or Patent Center.”
Electronic filing offers several advantages, including:
- Immediate confirmation of receipt
- Potential for reduced filing fees
- Faster processing times
- 24/7 availability
To file electronically, you’ll need to prepare your application documents in the appropriate format and submit them through the USPTO’s EFS-Web system or Patent Center.
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on Patent Center, visit: Patent Center.
For more information on provisional application, visit: provisional application.
Can a provisional application be filed electronically?
Yes, provisional applications can be filed electronically. The MPEP 601.01(b) states:
“A provisional application may be filed electronically using the EFS-Web or Patent Center.”
Electronic filing offers several advantages, including:
- Immediate confirmation of receipt
- Potentially lower filing fees
- Faster processing times
Applicants should ensure they follow the USPTO’s guidelines for electronic filing to ensure proper submission and processing of their provisional application.
To learn more:
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 (7)
For amended patent applications, it’s important to understand the expected timelines and when it’s appropriate to make a status inquiry:
- Examiners are expected to act on amended applications within two months of receiving them.
- A status inquiry is generally not necessary until 5-6 months have passed without a response from the USPTO.
- If six months elapse without a response, you should inquire to avoid potential abandonment.
The MPEP advises: Amended applications are expected to be taken up by the examiner and an action completed within two months of the date the examiner receives the application. Accordingly, a status inquiry is not in order after reply by the attorney until 5 or 6 months have elapsed with no response from the Office.
(MPEP 203.08)
It further states: However, in the event that a six month period has elapsed, and no response from the Office is received, applicant should inquire as to the status of the application to avoid potential abandonment.
For making inquiries, the MPEP recommends: Applicants are encouraged to use Patent Center or Private PAIR to make status inquiries.
To learn more:
The USPTO strongly recommends the following methods for filing new patent applications:
- Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted.
- Priority Mail Express®: If not filing electronically, use this method in accordance with 37 CFR 1.10 to secure the date of deposit as the filing date.
- Hand-delivery to the USPTO office.
Avoid filing by first-class mail, as it only secures the date of receipt at the USPTO as the filing date, risking delays in delivery.
As stated in MPEP 511: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
Additionally, “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
For amended applications, it’s generally advised to wait before making a status inquiry. According to MPEP 203.08:
Amended applications are expected to be taken up by the examiner and an action completed within two months of the date the examiner receives the application. Accordingly, a status inquiry is not in order after reply by the attorney until 5 or 6 months have elapsed with no response from the Office.
However, if six months have passed without a response, it’s advisable to inquire about the application’s status to avoid potential abandonment. Applicants are encouraged to use Patent Center or Private PAIR for status inquiries.
For more information on amended application, visit: amended application.
For more information on Patent Center, visit: Patent Center.
For more information on Private PAIR, visit: Private PAIR.
There are two main ways to obtain a receipt for items filed with the USPTO:
- For paper filings: Include a self-addressed postcard with your submission, itemizing all components being filed. The USPTO will stamp the receipt date on the postcard and return it.
- For electronic filings via EFS-Web or Patent Center: An Electronic Acknowledgement Receipt is automatically generated and sent to the filer.
The MPEP states: ‘If a submitter desires a receipt for any item (e.g., paper or fee) filed in the USPTO by means other than the USPTO patent electronic filing system, it may be obtained by enclosing with the paper a self-addressed postcard specifically identifying the item.’ (MPEP 503)
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:
Can I file a provisional application electronically?
Yes, you can file a provisional application electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP 201.04 states:
“Applicants can file provisional applications electronically using EFS-Web or Patent Center.”
Electronic filing offers several advantages, including:
- Immediate confirmation of receipt
- Potential for reduced filing fees
- Faster processing times
- 24/7 availability
To file electronically, you’ll need to prepare your application documents in the appropriate format and submit them through the USPTO’s EFS-Web system or Patent Center.
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on Patent Center, visit: Patent Center.
For more information on provisional application, visit: provisional application.
Can a provisional application be filed electronically?
Yes, provisional applications can be filed electronically. The MPEP 601.01(b) states:
“A provisional application may be filed electronically using the EFS-Web or Patent Center.”
Electronic filing offers several advantages, including:
- Immediate confirmation of receipt
- Potentially lower filing fees
- Faster processing times
Applicants should ensure they follow the USPTO’s guidelines for electronic filing to ensure proper submission and processing of their provisional application.
To learn more: