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 (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.
To petition for access to a confidential patent application, you must file a petition under 37 CFR 1.14(i), which requires:
- Payment of the petition fee set forth in 37 CFR 1.17(g)
- A showing that access to the application is necessary to carry out an Act of Congress or that special circumstances exist which warrant petitioner being granted access
The petition should be filed with the Office of Patent Legal Administration, unless the application is involved in an interference or trial before the Patent Trial and Appeal Board.
You may file the petition either with proof of service upon the applicant, or in duplicate so the USPTO can send a copy to the applicant. The applicant will typically have about 3 weeks to object to the granting of access.
Direct quote: ‘Any petition by a member of the public seeking access to, or copies of, all or part of any pending or abandoned application preserved in confidence pursuant to paragraph (a) of this section, or any related papers, must include: (1) The fee set forth in § 1.17(g); and (2) A showing that access to the application is necessary to carry out an Act of Congress or that special circumstances exist which warrant petitioner being granted access to all or part of the application.’ (37 CFR 1.14(i))
Reissue application files are generally open to public inspection. According to 37 CFR 1.11(b):
- Reissue applications are open to inspection by the general public
- The filing of reissue applications (except for continued prosecution applications under 37 CFR 1.53(d)) is announced in the Official Gazette
- The announcement includes details such as filing date, reissue application and original patent numbers, title, inventor name, and examining group
For Image File Wrapper (IFW) reissue applications:
- Files are open to inspection by the general public through Patent Center via the USPTO website
- Members of the public can view the entire content of the reissue application file history online
Direct quote: ‘All reissue applications, all applications in which the Office has accepted a request to open the complete application to inspection by the public, and related papers in the application file, are open to inspection by the public, and copies may be furnished upon paying the fee therefor.’ (37 CFR 1.11(b))
MPEP 300 - Ownership and Assignment (3)
Assignment documents are not placed directly in application or patent files to ensure proper recording and management. According to MPEP 318:
“Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.”
This practice serves several purposes:
- It ensures that assignments are properly recorded by the specialized Assignment Division.
- It maintains the integrity and organization of application and patent files.
- It allows for efficient tracking and retrieval of assignment information.
To learn more:
According to MPEP 318, assignment documents submitted for recording should not be placed directly in application or patent files. The section states:
“Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.”
This means that when assignment documents are submitted, they should be sent to the Assignment Division for proper recording rather than being inserted into the application or patent files themselves.
To learn more:
The USPTO maintains a clear separation between assignment documents and patent files to ensure proper organization and management of records. MPEP 318 specifies:
“Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.”
This separation is maintained by:
- Directing assignment documents to the Assignment Division instead of application or patent files
- Keeping a separate database for assignment records
- Ensuring that patent examiners and other USPTO personnel refer to the Assignment Division for ownership information
- Maintaining distinct processes for handling assignments and patent prosecution
This approach helps in preserving the integrity of both assignment records and patent files while facilitating efficient access to ownership information when needed.
To learn more:
MPEP 318 - Documents Not to be Placed in Files (3)
Assignment documents are not placed directly in application or patent files to ensure proper recording and management. According to MPEP 318:
“Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.”
This practice serves several purposes:
- It ensures that assignments are properly recorded by the specialized Assignment Division.
- It maintains the integrity and organization of application and patent files.
- It allows for efficient tracking and retrieval of assignment information.
To learn more:
According to MPEP 318, assignment documents submitted for recording should not be placed directly in application or patent files. The section states:
“Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.”
This means that when assignment documents are submitted, they should be sent to the Assignment Division for proper recording rather than being inserted into the application or patent files themselves.
To learn more:
The USPTO maintains a clear separation between assignment documents and patent files to ensure proper organization and management of records. MPEP 318 specifies:
“Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.”
This separation is maintained by:
- Directing assignment documents to the Assignment Division instead of application or patent files
- Keeping a separate database for assignment records
- Ensuring that patent examiners and other USPTO personnel refer to the Assignment Division for ownership information
- Maintaining distinct processes for handling assignments and patent prosecution
This approach helps in preserving the integrity of both assignment records and patent files while facilitating efficient access to ownership information when needed.
To learn more:
MPEP 500 - Receipt and Handling of Mail and Papers (1)
The USPTO requires separate copies of correspondence for different patent files to ensure that each file is complete and self-contained. According to MPEP 502.04:
Since each file must be complete in itself, a separate copy of every paper to be filed in a patent, patent file, or other proceeding must be furnished for each file to which the paper pertains, even though the contents of the papers filed in two or more files may be identical.
This requirement serves several purposes:
- It ensures that each file contains all relevant documents without relying on cross-referencing between files.
- It facilitates independent processing and review of each application or proceeding.
- It maintains the integrity and completeness of individual patent files, which is crucial for legal and administrative purposes.
To learn more:
Patent Law (7)
Assignment documents are not placed directly in application or patent files to ensure proper recording and management. According to MPEP 318:
“Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.”
This practice serves several purposes:
- It ensures that assignments are properly recorded by the specialized Assignment Division.
- It maintains the integrity and organization of application and patent files.
- It allows for efficient tracking and retrieval of assignment information.
To learn more:
The USPTO requires separate copies of correspondence for different patent files to ensure that each file is complete and self-contained. According to MPEP 502.04:
Since each file must be complete in itself, a separate copy of every paper to be filed in a patent, patent file, or other proceeding must be furnished for each file to which the paper pertains, even though the contents of the papers filed in two or more files may be identical.
This requirement serves several purposes:
- It ensures that each file contains all relevant documents without relying on cross-referencing between files.
- It facilitates independent processing and review of each application or proceeding.
- It maintains the integrity and completeness of individual patent files, which is crucial for legal and administrative purposes.
To learn more:
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.
According to MPEP 318, assignment documents submitted for recording should not be placed directly in application or patent files. The section states:
“Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.”
This means that when assignment documents are submitted, they should be sent to the Assignment Division for proper recording rather than being inserted into the application or patent files themselves.
To learn more:
The USPTO maintains a clear separation between assignment documents and patent files to ensure proper organization and management of records. MPEP 318 specifies:
“Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.”
This separation is maintained by:
- Directing assignment documents to the Assignment Division instead of application or patent files
- Keeping a separate database for assignment records
- Ensuring that patent examiners and other USPTO personnel refer to the Assignment Division for ownership information
- Maintaining distinct processes for handling assignments and patent prosecution
This approach helps in preserving the integrity of both assignment records and patent files while facilitating efficient access to ownership information when needed.
To learn more:
To petition for access to a confidential patent application, you must file a petition under 37 CFR 1.14(i), which requires:
- Payment of the petition fee set forth in 37 CFR 1.17(g)
- A showing that access to the application is necessary to carry out an Act of Congress or that special circumstances exist which warrant petitioner being granted access
The petition should be filed with the Office of Patent Legal Administration, unless the application is involved in an interference or trial before the Patent Trial and Appeal Board.
You may file the petition either with proof of service upon the applicant, or in duplicate so the USPTO can send a copy to the applicant. The applicant will typically have about 3 weeks to object to the granting of access.
Direct quote: ‘Any petition by a member of the public seeking access to, or copies of, all or part of any pending or abandoned application preserved in confidence pursuant to paragraph (a) of this section, or any related papers, must include: (1) The fee set forth in § 1.17(g); and (2) A showing that access to the application is necessary to carry out an Act of Congress or that special circumstances exist which warrant petitioner being granted access to all or part of the application.’ (37 CFR 1.14(i))
Reissue application files are generally open to public inspection. According to 37 CFR 1.11(b):
- Reissue applications are open to inspection by the general public
- The filing of reissue applications (except for continued prosecution applications under 37 CFR 1.53(d)) is announced in the Official Gazette
- The announcement includes details such as filing date, reissue application and original patent numbers, title, inventor name, and examining group
For Image File Wrapper (IFW) reissue applications:
- Files are open to inspection by the general public through Patent Center via the USPTO website
- Members of the public can view the entire content of the reissue application file history online
Direct quote: ‘All reissue applications, all applications in which the Office has accepted a request to open the complete application to inspection by the public, and related papers in the application file, are open to inspection by the public, and copies may be furnished upon paying the fee therefor.’ (37 CFR 1.11(b))
Patent Procedure (7)
Assignment documents are not placed directly in application or patent files to ensure proper recording and management. According to MPEP 318:
“Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.”
This practice serves several purposes:
- It ensures that assignments are properly recorded by the specialized Assignment Division.
- It maintains the integrity and organization of application and patent files.
- It allows for efficient tracking and retrieval of assignment information.
To learn more:
The USPTO requires separate copies of correspondence for different patent files to ensure that each file is complete and self-contained. According to MPEP 502.04:
Since each file must be complete in itself, a separate copy of every paper to be filed in a patent, patent file, or other proceeding must be furnished for each file to which the paper pertains, even though the contents of the papers filed in two or more files may be identical.
This requirement serves several purposes:
- It ensures that each file contains all relevant documents without relying on cross-referencing between files.
- It facilitates independent processing and review of each application or proceeding.
- It maintains the integrity and completeness of individual patent files, which is crucial for legal and administrative purposes.
To learn more:
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.
According to MPEP 318, assignment documents submitted for recording should not be placed directly in application or patent files. The section states:
“Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.”
This means that when assignment documents are submitted, they should be sent to the Assignment Division for proper recording rather than being inserted into the application or patent files themselves.
To learn more:
The USPTO maintains a clear separation between assignment documents and patent files to ensure proper organization and management of records. MPEP 318 specifies:
“Assignment documents submitted for recording should not be placed directly in application or patent files, but should be forwarded to Assignment Division for recording.”
This separation is maintained by:
- Directing assignment documents to the Assignment Division instead of application or patent files
- Keeping a separate database for assignment records
- Ensuring that patent examiners and other USPTO personnel refer to the Assignment Division for ownership information
- Maintaining distinct processes for handling assignments and patent prosecution
This approach helps in preserving the integrity of both assignment records and patent files while facilitating efficient access to ownership information when needed.
To learn more:
To petition for access to a confidential patent application, you must file a petition under 37 CFR 1.14(i), which requires:
- Payment of the petition fee set forth in 37 CFR 1.17(g)
- A showing that access to the application is necessary to carry out an Act of Congress or that special circumstances exist which warrant petitioner being granted access
The petition should be filed with the Office of Patent Legal Administration, unless the application is involved in an interference or trial before the Patent Trial and Appeal Board.
You may file the petition either with proof of service upon the applicant, or in duplicate so the USPTO can send a copy to the applicant. The applicant will typically have about 3 weeks to object to the granting of access.
Direct quote: ‘Any petition by a member of the public seeking access to, or copies of, all or part of any pending or abandoned application preserved in confidence pursuant to paragraph (a) of this section, or any related papers, must include: (1) The fee set forth in § 1.17(g); and (2) A showing that access to the application is necessary to carry out an Act of Congress or that special circumstances exist which warrant petitioner being granted access to all or part of the application.’ (37 CFR 1.14(i))
Reissue application files are generally open to public inspection. According to 37 CFR 1.11(b):
- Reissue applications are open to inspection by the general public
- The filing of reissue applications (except for continued prosecution applications under 37 CFR 1.53(d)) is announced in the Official Gazette
- The announcement includes details such as filing date, reissue application and original patent numbers, title, inventor name, and examining group
For Image File Wrapper (IFW) reissue applications:
- Files are open to inspection by the general public through Patent Center via the USPTO website
- Members of the public can view the entire content of the reissue application file history online
Direct quote: ‘All reissue applications, all applications in which the Office has accepted a request to open the complete application to inspection by the public, and related papers in the application file, are open to inspection by the public, and copies may be furnished upon paying the fee therefor.’ (37 CFR 1.11(b))