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)
To make a Freedom of Information Act (FOIA) request for USPTO records:
- Submit a written request to the USPTO FOIA Officer:
- Address: United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450
- Mark the letter and envelope ‘Freedom of Information Act Request’
- Describe the requested records in detail:
- Include specific information such as dates, titles, names, subjects, etc.
- Provide any known file designations or descriptions
- If requesting records about yourself, follow additional requirements in 37 CFR 102.24
- If requesting records about another individual, provide either:
- A written authorization signed by that individual permitting disclosure
- Proof that the individual is deceased (e.g., death certificate, obituary)
Direct quote: ‘A request for USPTO records that are not customarily made available to the public as part of USPTO’s regular informational services must be in writing, and shall be processed under FOIA, regardless of whether FOIA is mentioned in the request.’ (37 CFR 102.4(a))
Note: Many USPTO decisions are already available on the FOIA section of the USPTO website at www.uspto.gov/learning-and-resources/ip-policy/electronic-freedom-information-act-e-foia.
MPEP 300 - Ownership and Assignment (5)
A certified abstract of title is a document that provides official information about the ownership of a patent or patent application. Unlike title reports, which are for internal USPTO use, certified abstracts of title can be requested by the public. The MPEP states: The public can request a certified abstract of title. The fee for this service is set forth at 37 CFR 1.19(b)(4).
This document provides a certified summary of the assignment records for a specific patent or application.
For more information on certified abstract of title, visit: certified abstract of title.
For more information on public records, visit: public records.
For more information on USPTO, visit: USPTO.
How does the USPTO handle confidential patent assignment information?
The USPTO generally treats patent assignment records as public information. However, there are provisions for handling confidential information within these records. MPEP 301.01 states:
“Assignments and other documents affecting title to applications, patents, and registrations that are recorded in the USPTO are generally open to public inspection. Only documents that are sealed as provided in 37 CFR 1.14 or otherwise not open to public inspection are not available for public inspection.”
If a document contains sensitive information that should not be publicly disclosed, the parties involved can:
- Redact confidential information before submitting the document for recordation
- Request that certain documents be sealed under 37 CFR 1.14
- Submit separate public and non-public versions of documents when necessary
It’s important to note that the decision to seal documents is at the discretion of the USPTO and is generally limited to specific circumstances outlined in the regulations.
The USPTO provides an online database for searching patent assignment records. According to MPEP 301.01, ‘Assignment records, digests, and indexes are available in the public search room of the USPTO.’ To search online:
- Visit the USPTO Patent Assignment Search page
- Enter relevant information such as patent number, assignee name, or assignor name
- Review the search results for the desired assignment information
The MPEP states, ‘The assignment records of patents and applications are open to public inspection and copies of these records may be obtained upon request and payment of the fee set forth in 37 CFR 1.19(b)(3).’
Are patent assignment records publicly accessible after recording at the USPTO?
Yes, patent assignment records become publicly accessible after they are recorded at the USPTO. The MPEP 302.01 states: ‘Assignment documents submitted for recording are scanned and stored in a public database.’
This means:
- Anyone can access recorded assignment information
- The public database allows searching for patent ownership details
- Transparency in patent ownership is maintained
Public accessibility of these records is crucial for maintaining transparency in patent ownership and facilitating due diligence in patent transactions. Interested parties can search and retrieve assignment information through the USPTO’s Assignment Search database.
To learn more:
Yes, all patent assignment records are publicly accessible. MPEP 301.01 clearly states:
‘The assignment records of patents and applications are open to public inspection.’
This means that anyone can access these records, which include:
- Assignment documents
- Digests of assignments
- Indexes of patent assignments
The public nature of these records ensures transparency in patent ownership and transfers. However, it’s important to note that while the records are public, obtaining copies may require payment of a fee as specified in 37 CFR 1.19(b)(3).
MPEP 301-Ownership/Assignability of Patents and Applications (3)
How does the USPTO handle confidential patent assignment information?
The USPTO generally treats patent assignment records as public information. However, there are provisions for handling confidential information within these records. MPEP 301.01 states:
“Assignments and other documents affecting title to applications, patents, and registrations that are recorded in the USPTO are generally open to public inspection. Only documents that are sealed as provided in 37 CFR 1.14 or otherwise not open to public inspection are not available for public inspection.”
If a document contains sensitive information that should not be publicly disclosed, the parties involved can:
- Redact confidential information before submitting the document for recordation
- Request that certain documents be sealed under 37 CFR 1.14
- Submit separate public and non-public versions of documents when necessary
It’s important to note that the decision to seal documents is at the discretion of the USPTO and is generally limited to specific circumstances outlined in the regulations.
The USPTO provides an online database for searching patent assignment records. According to MPEP 301.01, ‘Assignment records, digests, and indexes are available in the public search room of the USPTO.’ To search online:
- Visit the USPTO Patent Assignment Search page
- Enter relevant information such as patent number, assignee name, or assignor name
- Review the search results for the desired assignment information
The MPEP states, ‘The assignment records of patents and applications are open to public inspection and copies of these records may be obtained upon request and payment of the fee set forth in 37 CFR 1.19(b)(3).’
Yes, all patent assignment records are publicly accessible. MPEP 301.01 clearly states:
‘The assignment records of patents and applications are open to public inspection.’
This means that anyone can access these records, which include:
- Assignment documents
- Digests of assignments
- Indexes of patent assignments
The public nature of these records ensures transparency in patent ownership and transfers. However, it’s important to note that while the records are public, obtaining copies may require payment of a fee as specified in 37 CFR 1.19(b)(3).
MPEP 320 - Title Reports (1)
A certified abstract of title is a document that provides official information about the ownership of a patent or patent application. Unlike title reports, which are for internal USPTO use, certified abstracts of title can be requested by the public. The MPEP states: The public can request a certified abstract of title. The fee for this service is set forth at 37 CFR 1.19(b)(4).
This document provides a certified summary of the assignment records for a specific patent or application.
For more information on certified abstract of title, visit: certified abstract of title.
For more information on public records, visit: public records.
For more information on USPTO, visit: USPTO.
Patent Law (6)
A certified abstract of title is a document that provides official information about the ownership of a patent or patent application. Unlike title reports, which are for internal USPTO use, certified abstracts of title can be requested by the public. The MPEP states: The public can request a certified abstract of title. The fee for this service is set forth at 37 CFR 1.19(b)(4).
This document provides a certified summary of the assignment records for a specific patent or application.
For more information on certified abstract of title, visit: certified abstract of title.
For more information on public records, visit: public records.
For more information on USPTO, visit: USPTO.
How does the USPTO handle confidential patent assignment information?
The USPTO generally treats patent assignment records as public information. However, there are provisions for handling confidential information within these records. MPEP 301.01 states:
“Assignments and other documents affecting title to applications, patents, and registrations that are recorded in the USPTO are generally open to public inspection. Only documents that are sealed as provided in 37 CFR 1.14 or otherwise not open to public inspection are not available for public inspection.”
If a document contains sensitive information that should not be publicly disclosed, the parties involved can:
- Redact confidential information before submitting the document for recordation
- Request that certain documents be sealed under 37 CFR 1.14
- Submit separate public and non-public versions of documents when necessary
It’s important to note that the decision to seal documents is at the discretion of the USPTO and is generally limited to specific circumstances outlined in the regulations.
The USPTO provides an online database for searching patent assignment records. According to MPEP 301.01, ‘Assignment records, digests, and indexes are available in the public search room of the USPTO.’ To search online:
- Visit the USPTO Patent Assignment Search page
- Enter relevant information such as patent number, assignee name, or assignor name
- Review the search results for the desired assignment information
The MPEP states, ‘The assignment records of patents and applications are open to public inspection and copies of these records may be obtained upon request and payment of the fee set forth in 37 CFR 1.19(b)(3).’
To make a Freedom of Information Act (FOIA) request for USPTO records:
- Submit a written request to the USPTO FOIA Officer:
- Address: United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450
- Mark the letter and envelope ‘Freedom of Information Act Request’
- Describe the requested records in detail:
- Include specific information such as dates, titles, names, subjects, etc.
- Provide any known file designations or descriptions
- If requesting records about yourself, follow additional requirements in 37 CFR 102.24
- If requesting records about another individual, provide either:
- A written authorization signed by that individual permitting disclosure
- Proof that the individual is deceased (e.g., death certificate, obituary)
Direct quote: ‘A request for USPTO records that are not customarily made available to the public as part of USPTO’s regular informational services must be in writing, and shall be processed under FOIA, regardless of whether FOIA is mentioned in the request.’ (37 CFR 102.4(a))
Note: Many USPTO decisions are already available on the FOIA section of the USPTO website at www.uspto.gov/learning-and-resources/ip-policy/electronic-freedom-information-act-e-foia.
Are patent assignment records publicly accessible after recording at the USPTO?
Yes, patent assignment records become publicly accessible after they are recorded at the USPTO. The MPEP 302.01 states: ‘Assignment documents submitted for recording are scanned and stored in a public database.’
This means:
- Anyone can access recorded assignment information
- The public database allows searching for patent ownership details
- Transparency in patent ownership is maintained
Public accessibility of these records is crucial for maintaining transparency in patent ownership and facilitating due diligence in patent transactions. Interested parties can search and retrieve assignment information through the USPTO’s Assignment Search database.
To learn more:
Yes, all patent assignment records are publicly accessible. MPEP 301.01 clearly states:
‘The assignment records of patents and applications are open to public inspection.’
This means that anyone can access these records, which include:
- Assignment documents
- Digests of assignments
- Indexes of patent assignments
The public nature of these records ensures transparency in patent ownership and transfers. However, it’s important to note that while the records are public, obtaining copies may require payment of a fee as specified in 37 CFR 1.19(b)(3).
Patent Procedure (6)
A certified abstract of title is a document that provides official information about the ownership of a patent or patent application. Unlike title reports, which are for internal USPTO use, certified abstracts of title can be requested by the public. The MPEP states: The public can request a certified abstract of title. The fee for this service is set forth at 37 CFR 1.19(b)(4).
This document provides a certified summary of the assignment records for a specific patent or application.
For more information on certified abstract of title, visit: certified abstract of title.
For more information on public records, visit: public records.
For more information on USPTO, visit: USPTO.
How does the USPTO handle confidential patent assignment information?
The USPTO generally treats patent assignment records as public information. However, there are provisions for handling confidential information within these records. MPEP 301.01 states:
“Assignments and other documents affecting title to applications, patents, and registrations that are recorded in the USPTO are generally open to public inspection. Only documents that are sealed as provided in 37 CFR 1.14 or otherwise not open to public inspection are not available for public inspection.”
If a document contains sensitive information that should not be publicly disclosed, the parties involved can:
- Redact confidential information before submitting the document for recordation
- Request that certain documents be sealed under 37 CFR 1.14
- Submit separate public and non-public versions of documents when necessary
It’s important to note that the decision to seal documents is at the discretion of the USPTO and is generally limited to specific circumstances outlined in the regulations.
The USPTO provides an online database for searching patent assignment records. According to MPEP 301.01, ‘Assignment records, digests, and indexes are available in the public search room of the USPTO.’ To search online:
- Visit the USPTO Patent Assignment Search page
- Enter relevant information such as patent number, assignee name, or assignor name
- Review the search results for the desired assignment information
The MPEP states, ‘The assignment records of patents and applications are open to public inspection and copies of these records may be obtained upon request and payment of the fee set forth in 37 CFR 1.19(b)(3).’
To make a Freedom of Information Act (FOIA) request for USPTO records:
- Submit a written request to the USPTO FOIA Officer:
- Address: United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450
- Mark the letter and envelope ‘Freedom of Information Act Request’
- Describe the requested records in detail:
- Include specific information such as dates, titles, names, subjects, etc.
- Provide any known file designations or descriptions
- If requesting records about yourself, follow additional requirements in 37 CFR 102.24
- If requesting records about another individual, provide either:
- A written authorization signed by that individual permitting disclosure
- Proof that the individual is deceased (e.g., death certificate, obituary)
Direct quote: ‘A request for USPTO records that are not customarily made available to the public as part of USPTO’s regular informational services must be in writing, and shall be processed under FOIA, regardless of whether FOIA is mentioned in the request.’ (37 CFR 102.4(a))
Note: Many USPTO decisions are already available on the FOIA section of the USPTO website at www.uspto.gov/learning-and-resources/ip-policy/electronic-freedom-information-act-e-foia.
Are patent assignment records publicly accessible after recording at the USPTO?
Yes, patent assignment records become publicly accessible after they are recorded at the USPTO. The MPEP 302.01 states: ‘Assignment documents submitted for recording are scanned and stored in a public database.’
This means:
- Anyone can access recorded assignment information
- The public database allows searching for patent ownership details
- Transparency in patent ownership is maintained
Public accessibility of these records is crucial for maintaining transparency in patent ownership and facilitating due diligence in patent transactions. Interested parties can search and retrieve assignment information through the USPTO’s Assignment Search database.
To learn more:
Yes, all patent assignment records are publicly accessible. MPEP 301.01 clearly states:
‘The assignment records of patents and applications are open to public inspection.’
This means that anyone can access these records, which include:
- Assignment documents
- Digests of assignments
- Indexes of patent assignments
The public nature of these records ensures transparency in patent ownership and transfers. However, it’s important to note that while the records are public, obtaining copies may require payment of a fee as specified in 37 CFR 1.19(b)(3).