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 104-Power to Inspect Application (2)
For Image File Wrapper (IFW) applications, the process of granting power to inspect is different. According to MPEP 104:
“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).”
This means that for IFW applications, access is typically granted through the Private PAIR system, eliminating the need for traditional powers to inspect. If access through Private PAIR is not possible, alternative methods for viewing the application may be necessary.
For more information on Patent application access, visit: Patent application access.
For more information on power to inspect, visit: power to inspect.
For more information on Private PAIR, visit: Private PAIR.
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 (5)
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 unpublished patent applications, access to information is more restricted and typically limited to the applicant or their registered representative. Here’s what you need to know:
- Unpublished application information is available through Private PAIR.
- You must associate a Customer Number with your application to access this information.
- If you’re not the applicant or authorized representative, access may be restricted due to confidentiality rules.
The MPEP states: In private PAIR, an applicant (or applicant’s registered patent attorney or registered patent agent) can securely track the progress of applicant’s application(s) through the USPTO. Private PAIR makes available information relating to unpublished patent applications, but the applicant must associate a Customer Number with the application to obtain access.
(MPEP 203.08)
For more information on Customer Number practice, refer to MPEP § 403.
To learn more:
What information can be provided in response to status inquiries?
The USPTO has strict guidelines on the information that can be provided in response to status inquiries. MPEP 203.08 states:
“In no event will the following information be given over the telephone: (A) Filing date of applications; (B) Whether an application has been allowed, abandoned, or issued; (C) The date of allowance, abandonment or issue; and (D) Whether an assignment has been recorded.”
This policy is designed to protect the privacy and confidentiality of patent applications. Applicants or their representatives must use official channels, such as Private PAIR or written requests, to obtain such specific information.
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.
How can an applicant obtain specific information about their patent application status?
While the USPTO limits the information provided over the phone, applicants have other methods to obtain detailed status information. MPEP 203.08 suggests:
“Applicants can obtain more information using the Patent Application Information Retrieval (PAIR) system. PAIR provides customers direct secure access to their own patent application status information, as well as to general patent information publicly available.”
Applicants can use Private PAIR to access confidential application information, including filing dates, office actions, and current status. For applications not yet published, this is the primary method for obtaining detailed status information.
To learn more:
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.
Patent Law (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:
For unpublished patent applications, access to information is more restricted and typically limited to the applicant or their registered representative. Here’s what you need to know:
- Unpublished application information is available through Private PAIR.
- You must associate a Customer Number with your application to access this information.
- If you’re not the applicant or authorized representative, access may be restricted due to confidentiality rules.
The MPEP states: In private PAIR, an applicant (or applicant’s registered patent attorney or registered patent agent) can securely track the progress of applicant’s application(s) through the USPTO. Private PAIR makes available information relating to unpublished patent applications, but the applicant must associate a Customer Number with the application to obtain access.
(MPEP 203.08)
For more information on Customer Number practice, refer to MPEP § 403.
To learn more:
What information can be provided in response to status inquiries?
The USPTO has strict guidelines on the information that can be provided in response to status inquiries. MPEP 203.08 states:
“In no event will the following information be given over the telephone: (A) Filing date of applications; (B) Whether an application has been allowed, abandoned, or issued; (C) The date of allowance, abandonment or issue; and (D) Whether an assignment has been recorded.”
This policy is designed to protect the privacy and confidentiality of patent applications. Applicants or their representatives must use official channels, such as Private PAIR or written requests, to obtain such specific information.
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.
How can an applicant obtain specific information about their patent application status?
While the USPTO limits the information provided over the phone, applicants have other methods to obtain detailed status information. MPEP 203.08 suggests:
“Applicants can obtain more information using the Patent Application Information Retrieval (PAIR) system. PAIR provides customers direct secure access to their own patent application status information, as well as to general patent information publicly available.”
Applicants can use Private PAIR to access confidential application information, including filing dates, office actions, and current status. For applications not yet published, this is the primary method for obtaining detailed status information.
To learn more:
For Image File Wrapper (IFW) applications, the process of granting power to inspect is different. According to MPEP 104:
“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).”
This means that for IFW applications, access is typically granted through the Private PAIR system, eliminating the need for traditional powers to inspect. If access through Private PAIR is not possible, alternative methods for viewing the application may be necessary.
For more information on Patent application access, visit: Patent application access.
For more information on power to inspect, visit: power to inspect.
For more information on Private PAIR, visit: Private PAIR.
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 (6)
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 unpublished patent applications, access to information is more restricted and typically limited to the applicant or their registered representative. Here’s what you need to know:
- Unpublished application information is available through Private PAIR.
- You must associate a Customer Number with your application to access this information.
- If you’re not the applicant or authorized representative, access may be restricted due to confidentiality rules.
The MPEP states: In private PAIR, an applicant (or applicant’s registered patent attorney or registered patent agent) can securely track the progress of applicant’s application(s) through the USPTO. Private PAIR makes available information relating to unpublished patent applications, but the applicant must associate a Customer Number with the application to obtain access.
(MPEP 203.08)
For more information on Customer Number practice, refer to MPEP § 403.
To learn more:
What information can be provided in response to status inquiries?
The USPTO has strict guidelines on the information that can be provided in response to status inquiries. MPEP 203.08 states:
“In no event will the following information be given over the telephone: (A) Filing date of applications; (B) Whether an application has been allowed, abandoned, or issued; (C) The date of allowance, abandonment or issue; and (D) Whether an assignment has been recorded.”
This policy is designed to protect the privacy and confidentiality of patent applications. Applicants or their representatives must use official channels, such as Private PAIR or written requests, to obtain such specific information.
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.
How can an applicant obtain specific information about their patent application status?
While the USPTO limits the information provided over the phone, applicants have other methods to obtain detailed status information. MPEP 203.08 suggests:
“Applicants can obtain more information using the Patent Application Information Retrieval (PAIR) system. PAIR provides customers direct secure access to their own patent application status information, as well as to general patent information publicly available.”
Applicants can use Private PAIR to access confidential application information, including filing dates, office actions, and current status. For applications not yet published, this is the primary method for obtaining detailed status information.
To learn more:
For Image File Wrapper (IFW) applications, the process of granting power to inspect is different. According to MPEP 104:
“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).”
This means that for IFW applications, access is typically granted through the Private PAIR system, eliminating the need for traditional powers to inspect. If access through Private PAIR is not possible, alternative methods for viewing the application may be necessary.
For more information on Patent application access, visit: Patent application access.
For more information on power to inspect, visit: power to inspect.
For more information on Private PAIR, visit: Private PAIR.