Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 300 – Ownership and Assignment (1)
No, including government support information on a provisional application cover sheet is not sufficient to meet the requirements of 35 U.S.C. 202(c)(6). The MPEP states:
Providing information concerning government support on a provisional application cover sheet does not satisfy the requirement of 35 U.S.C. 202(c)(6) which requires that the a statement be included within the specification of such application and any patent issuing thereon specifying that the invention was made with Government support and that the Government has certain rights in the invention.
The government license rights statement must be included within the specification itself, not just on the cover sheet.
MPEP 310 – Government License Rights to Contractor – Owned Inventions Made Under Federally Sponsored Research and Development (1)
No, including government support information on a provisional application cover sheet is not sufficient to meet the requirements of 35 U.S.C. 202(c)(6). The MPEP states:
Providing information concerning government support on a provisional application cover sheet does not satisfy the requirement of 35 U.S.C. 202(c)(6) which requires that the a statement be included within the specification of such application and any patent issuing thereon specifying that the invention was made with Government support and that the Government has certain rights in the invention.
The government license rights statement must be included within the specification itself, not just on the cover sheet.
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 (2)
No, including government support information on a provisional application cover sheet is not sufficient to meet the requirements of 35 U.S.C. 202(c)(6). The MPEP states:
Providing information concerning government support on a provisional application cover sheet does not satisfy the requirement of 35 U.S.C. 202(c)(6) which requires that the a statement be included within the specification of such application and any patent issuing thereon specifying that the invention was made with Government support and that the Government has certain rights in the invention.
The government license rights statement must be included within the specification itself, not just on the cover sheet.
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 (2)
No, including government support information on a provisional application cover sheet is not sufficient to meet the requirements of 35 U.S.C. 202(c)(6). The MPEP states:
Providing information concerning government support on a provisional application cover sheet does not satisfy the requirement of 35 U.S.C. 202(c)(6) which requires that the a statement be included within the specification of such application and any patent issuing thereon specifying that the invention was made with Government support and that the Government has certain rights in the invention.
The government license rights statement must be included within the specification itself, not just on the cover sheet.
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)