Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 103-Right of Public To Inspect Patent Files and Some Application Files (1)
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.
MPEP 2300 – Interference And Derivation Proceedings (1)
How does access to files under 37 CFR 41.109 differ from public access under 37 CFR 1.11 and 1.14?
Access to files under 37 CFR 41.109 is distinct from public access under 37 CFR 1.11 and 1.14. The key differences are:
- 37 CFR 41.109 specifically applies to opposing parties in contested cases.
- It allows access to involved patents, applications, and accorded benefit applications.
- This access is independent of public availability under 37 CFR 1.11 and 1.14.
As stated in MPEP 2307.02: “The availability of a file to an opposing party under 37 CFR 41.109 has no bearing on whether a file is otherwise available under 37 CFR 1.11 or 1.14.” This means that even if a file is not publicly available, it may still be accessible to an opposing party in a contested case under 37 CFR 41.109.
To learn more:
MPEP 300 – Ownership and Assignment (1)
Patent assignment records can be accessed online through the USPTO’s Assignment Search database. The MPEP states: Assignment records that affect the title of patents and patent applications are recorded in the USPTO’s Assignment Recordation Branch
. To access these records:
- Visit the USPTO Assignment Search website
- Enter the relevant patent or application number, assignee name, or other search criteria
- Review the search results for assignment information
This online database provides public access to assignment records, allowing for easy verification of patent ownership.
MPEP 301-Ownership/Assignability of Patents and Applications (1)
Patent assignment records can be accessed online through the USPTO’s Assignment Search database. The MPEP states: Assignment records that affect the title of patents and patent applications are recorded in the USPTO’s Assignment Recordation Branch
. To access these records:
- Visit the USPTO Assignment Search website
- Enter the relevant patent or application number, assignee name, or other search criteria
- Review the search results for assignment information
This online database provides public access to assignment records, allowing for easy verification of patent ownership.
Patent Law (3)
Patent assignment records can be accessed online through the USPTO’s Assignment Search database. The MPEP states: Assignment records that affect the title of patents and patent applications are recorded in the USPTO’s Assignment Recordation Branch
. To access these records:
- Visit the USPTO Assignment Search website
- Enter the relevant patent or application number, assignee name, or other search criteria
- Review the search results for assignment information
This online database provides public access to assignment records, allowing for easy verification of patent ownership.
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.
How does access to files under 37 CFR 41.109 differ from public access under 37 CFR 1.11 and 1.14?
Access to files under 37 CFR 41.109 is distinct from public access under 37 CFR 1.11 and 1.14. The key differences are:
- 37 CFR 41.109 specifically applies to opposing parties in contested cases.
- It allows access to involved patents, applications, and accorded benefit applications.
- This access is independent of public availability under 37 CFR 1.11 and 1.14.
As stated in MPEP 2307.02: “The availability of a file to an opposing party under 37 CFR 41.109 has no bearing on whether a file is otherwise available under 37 CFR 1.11 or 1.14.” This means that even if a file is not publicly available, it may still be accessible to an opposing party in a contested case under 37 CFR 41.109.
To learn more:
Patent Procedure (3)
Patent assignment records can be accessed online through the USPTO’s Assignment Search database. The MPEP states: Assignment records that affect the title of patents and patent applications are recorded in the USPTO’s Assignment Recordation Branch
. To access these records:
- Visit the USPTO Assignment Search website
- Enter the relevant patent or application number, assignee name, or other search criteria
- Review the search results for assignment information
This online database provides public access to assignment records, allowing for easy verification of patent ownership.
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.
How does access to files under 37 CFR 41.109 differ from public access under 37 CFR 1.11 and 1.14?
Access to files under 37 CFR 41.109 is distinct from public access under 37 CFR 1.11 and 1.14. The key differences are:
- 37 CFR 41.109 specifically applies to opposing parties in contested cases.
- It allows access to involved patents, applications, and accorded benefit applications.
- This access is independent of public availability under 37 CFR 1.11 and 1.14.
As stated in MPEP 2307.02: “The availability of a file to an opposing party under 37 CFR 41.109 has no bearing on whether a file is otherwise available under 37 CFR 1.11 or 1.14.” This means that even if a file is not publicly available, it may still be accessible to an opposing party in a contested case under 37 CFR 41.109.
To learn more: