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)
Information about reexamination proceedings is made available to the public in several ways:
- Announcement in the Official Gazette:
- The filing of each request for reexamination (where the full fee has been paid) is announced
- Reexaminations ordered at the Director’s initiative are also announced
- Public inspection of reexamination files:
- Once scanned into the Image File Wrapper (IFW) system, reexamination files are open to public inspection
- Files can be accessed through Patent Center on the USPTO website
- The entire contents of the reexamination file are viewable, except for non-patent literature
Direct quote: ‘All requests for reexamination for which all the requirements of § 1.510 or § 1.915 have been satisfied will be announced in the Official Gazette. Any reexaminations at the initiative of the Director pursuant to § 1.520 will also be announced in the Official Gazette.’ (37 CFR 1.11(c))
Note that a reexamination file is typically not open to inspection until it has been scanned into the IFW system.
MPEP 300 - Ownership and Assignment (1)
Title reports play a specific role in patent reexamination procedures. The MPEP mentions:
For example, a title report is requested by the Reexamination Preprocessing Staff when a request for reexamination is filed.
This suggests that title reports are used to verify the current owner of a patent when a reexamination is initiated, ensuring that the proper parties are involved in the process.
MPEP 320 - Title Reports (1)
Title reports play a specific role in patent reexamination procedures. The MPEP mentions:
For example, a title report is requested by the Reexamination Preprocessing Staff when a request for reexamination is filed.
This suggests that title reports are used to verify the current owner of a patent when a reexamination is initiated, ensuring that the proper parties are involved in the process.
MPEP 500 - Receipt and Handling of Mail and Papers (1)
The USPTO assigns different series codes to various types of patent applications:
- 01/ – 16/: Nonprovisional applications (utility, plant, and reissue)
- 29/: Design applications
- 35/: International design applications
- 60/, 61/, and 62/: Provisional applications
- 90/: Ex parte reexamination proceedings
- 95/: Inter partes reexamination proceedings
- 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings
The MPEP provides a detailed breakdown of series codes for nonprovisional applications from 1925 to the present. For example, ‘Series code 16 is assigned to nonprovisional applications filed from June 2018 to present.’ (MPEP 503)
MPEP 503 - Application Number and Filing Receipt (1)
The USPTO assigns different series codes to various types of patent applications:
- 01/ – 16/: Nonprovisional applications (utility, plant, and reissue)
- 29/: Design applications
- 35/: International design applications
- 60/, 61/, and 62/: Provisional applications
- 90/: Ex parte reexamination proceedings
- 95/: Inter partes reexamination proceedings
- 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings
The MPEP provides a detailed breakdown of series codes for nonprovisional applications from 1925 to the present. For example, ‘Series code 16 is assigned to nonprovisional applications filed from June 2018 to present.’ (MPEP 503)
Patent Law (3)
Title reports play a specific role in patent reexamination procedures. The MPEP mentions:
For example, a title report is requested by the Reexamination Preprocessing Staff when a request for reexamination is filed.
This suggests that title reports are used to verify the current owner of a patent when a reexamination is initiated, ensuring that the proper parties are involved in the process.
Information about reexamination proceedings is made available to the public in several ways:
- Announcement in the Official Gazette:
- The filing of each request for reexamination (where the full fee has been paid) is announced
- Reexaminations ordered at the Director’s initiative are also announced
- Public inspection of reexamination files:
- Once scanned into the Image File Wrapper (IFW) system, reexamination files are open to public inspection
- Files can be accessed through Patent Center on the USPTO website
- The entire contents of the reexamination file are viewable, except for non-patent literature
Direct quote: ‘All requests for reexamination for which all the requirements of § 1.510 or § 1.915 have been satisfied will be announced in the Official Gazette. Any reexaminations at the initiative of the Director pursuant to § 1.520 will also be announced in the Official Gazette.’ (37 CFR 1.11(c))
Note that a reexamination file is typically not open to inspection until it has been scanned into the IFW system.
The USPTO assigns different series codes to various types of patent applications:
- 01/ – 16/: Nonprovisional applications (utility, plant, and reissue)
- 29/: Design applications
- 35/: International design applications
- 60/, 61/, and 62/: Provisional applications
- 90/: Ex parte reexamination proceedings
- 95/: Inter partes reexamination proceedings
- 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings
The MPEP provides a detailed breakdown of series codes for nonprovisional applications from 1925 to the present. For example, ‘Series code 16 is assigned to nonprovisional applications filed from June 2018 to present.’ (MPEP 503)
Patent Procedure (3)
Title reports play a specific role in patent reexamination procedures. The MPEP mentions:
For example, a title report is requested by the Reexamination Preprocessing Staff when a request for reexamination is filed.
This suggests that title reports are used to verify the current owner of a patent when a reexamination is initiated, ensuring that the proper parties are involved in the process.
Information about reexamination proceedings is made available to the public in several ways:
- Announcement in the Official Gazette:
- The filing of each request for reexamination (where the full fee has been paid) is announced
- Reexaminations ordered at the Director’s initiative are also announced
- Public inspection of reexamination files:
- Once scanned into the Image File Wrapper (IFW) system, reexamination files are open to public inspection
- Files can be accessed through Patent Center on the USPTO website
- The entire contents of the reexamination file are viewable, except for non-patent literature
Direct quote: ‘All requests for reexamination for which all the requirements of § 1.510 or § 1.915 have been satisfied will be announced in the Official Gazette. Any reexaminations at the initiative of the Director pursuant to § 1.520 will also be announced in the Official Gazette.’ (37 CFR 1.11(c))
Note that a reexamination file is typically not open to inspection until it has been scanned into the IFW system.
The USPTO assigns different series codes to various types of patent applications:
- 01/ – 16/: Nonprovisional applications (utility, plant, and reissue)
- 29/: Design applications
- 35/: International design applications
- 60/, 61/, and 62/: Provisional applications
- 90/: Ex parte reexamination proceedings
- 95/: Inter partes reexamination proceedings
- 96/: Supplemental examination proceedings and resulting ex parte reexamination proceedings
The MPEP provides a detailed breakdown of series codes for nonprovisional applications from 1925 to the present. For example, ‘Series code 16 is assigned to nonprovisional applications filed from June 2018 to present.’ (MPEP 503)