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 200 - Types and Status of Application; Benefit and Priority (1)
To perfect a claim for foreign priority after patent issuance, several documents are required. According to MPEP 216.01, the following must be submitted:
- A petition to accept an unintentionally delayed claim for priority
- The required petition fee
- A certified copy of the foreign application
- An English language translation of the foreign application (if not in English)
- A statement that the translation is accurate
The MPEP states: ‘In addition to the petition to accept an unintentionally delayed claim for priority and the required petition fee, the claim for priority must be made in an application data sheet (if the patent issued from a utility or plant application filed on or after September 16, 2012) or in a request for a certificate of correction, and a certified copy of the foreign application must be submitted.’
It’s important to note that the requirements may vary slightly depending on the specific circumstances of the application and patent. Consulting with a patent attorney or agent is advisable for ensuring all necessary documents are properly prepared and submitted.
MPEP 216 - Entitlement to Priority (1)
To perfect a claim for foreign priority after patent issuance, several documents are required. According to MPEP 216.01, the following must be submitted:
- A petition to accept an unintentionally delayed claim for priority
- The required petition fee
- A certified copy of the foreign application
- An English language translation of the foreign application (if not in English)
- A statement that the translation is accurate
The MPEP states: ‘In addition to the petition to accept an unintentionally delayed claim for priority and the required petition fee, the claim for priority must be made in an application data sheet (if the patent issued from a utility or plant application filed on or after September 16, 2012) or in a request for a certificate of correction, and a certified copy of the foreign application must be submitted.’
It’s important to note that the requirements may vary slightly depending on the specific circumstances of the application and patent. Consulting with a patent attorney or agent is advisable for ensuring all necessary documents are properly prepared and submitted.
MPEP 300 - Ownership and Assignment (1)
To correct a typographical error in a patent assignment, you need to submit several documents. According to MPEP 323.01(b), the required documents include:
- A copy of the originally recorded papers
- A cover sheet
- The required fee for each application or patent to be corrected
If the assignor is not available to make the correction, the assignee must also provide:
- An affidavit or declaration identifying the error and requesting correction
The MPEP states:
If an assignor is not available to correct an original document or execute a new one, the assignee may submit an affidavit or declaration in which the assignee identifies the error and requests correction. The affidavit or declaration must be accompanied by a copy of the originally recorded papers, a cover sheet, and the required fee for each application or patent to be corrected (37 CFR 3.41).
Ensure all documents are properly prepared and submitted to avoid delays in processing.
To learn more:
MPEP 400 - Representative of Applicant or Owner (1)
When a legal representative takes over a patent application for a deceased inventor, specific documents are required:
- Proof of authority to act on behalf of the deceased inventor’s estate (e.g., Letters Testamentary, Letters of Administration)
- A new oath or declaration by the legal representative
- Any necessary assignments or other documents to establish ownership rights
According to MPEP 409.01: “The Office no longer requires proof of authority of the legal representative to prosecute the application. However, any necessary documentary evidence of the legal representative’s authority to act on behalf of the deceased inventor’s estate, such as Letters Testamentary, Letters of Administration, or a Certificate of Heirship, should be kept in the application file.”
It’s important to note that while the USPTO doesn’t require submission of proof of authority, it’s advisable to keep such documentation readily available in case it’s requested.
To learn more:
Patent Law (4)
When a legal representative takes over a patent application for a deceased inventor, specific documents are required:
- Proof of authority to act on behalf of the deceased inventor’s estate (e.g., Letters Testamentary, Letters of Administration)
- A new oath or declaration by the legal representative
- Any necessary assignments or other documents to establish ownership rights
According to MPEP 409.01: “The Office no longer requires proof of authority of the legal representative to prosecute the application. However, any necessary documentary evidence of the legal representative’s authority to act on behalf of the deceased inventor’s estate, such as Letters Testamentary, Letters of Administration, or a Certificate of Heirship, should be kept in the application file.”
It’s important to note that while the USPTO doesn’t require submission of proof of authority, it’s advisable to keep such documentation readily available in case it’s requested.
To learn more:
To perfect a claim for foreign priority after patent issuance, several documents are required. According to MPEP 216.01, the following must be submitted:
- A petition to accept an unintentionally delayed claim for priority
- The required petition fee
- A certified copy of the foreign application
- An English language translation of the foreign application (if not in English)
- A statement that the translation is accurate
The MPEP states: ‘In addition to the petition to accept an unintentionally delayed claim for priority and the required petition fee, the claim for priority must be made in an application data sheet (if the patent issued from a utility or plant application filed on or after September 16, 2012) or in a request for a certificate of correction, and a certified copy of the foreign application must be submitted.’
It’s important to note that the requirements may vary slightly depending on the specific circumstances of the application and patent. Consulting with a patent attorney or agent is advisable for ensuring all necessary documents are properly prepared and submitted.
For national stage entry in the United States, the following documents are required:
- A copy of the international application (if not previously communicated by the International Bureau)
- An English translation of the international application (if not in English)
- The basic national fee
- An oath or declaration of the inventors
- A surcharge if the basic national fee or oath/declaration is filed later than 30 months from the priority date
According to MPEP 601.04: “A translated copy of the international application and the basic national fee are required to be filed with the U.S. Designated or Elected Office not later than the expiration of 30 months from the priority date.”
To learn more:
To correct a typographical error in a patent assignment, you need to submit several documents. According to MPEP 323.01(b), the required documents include:
- A copy of the originally recorded papers
- A cover sheet
- The required fee for each application or patent to be corrected
If the assignor is not available to make the correction, the assignee must also provide:
- An affidavit or declaration identifying the error and requesting correction
The MPEP states:
If an assignor is not available to correct an original document or execute a new one, the assignee may submit an affidavit or declaration in which the assignee identifies the error and requests correction. The affidavit or declaration must be accompanied by a copy of the originally recorded papers, a cover sheet, and the required fee for each application or patent to be corrected (37 CFR 3.41).
Ensure all documents are properly prepared and submitted to avoid delays in processing.
To learn more:
Patent Procedure (4)
When a legal representative takes over a patent application for a deceased inventor, specific documents are required:
- Proof of authority to act on behalf of the deceased inventor’s estate (e.g., Letters Testamentary, Letters of Administration)
- A new oath or declaration by the legal representative
- Any necessary assignments or other documents to establish ownership rights
According to MPEP 409.01: “The Office no longer requires proof of authority of the legal representative to prosecute the application. However, any necessary documentary evidence of the legal representative’s authority to act on behalf of the deceased inventor’s estate, such as Letters Testamentary, Letters of Administration, or a Certificate of Heirship, should be kept in the application file.”
It’s important to note that while the USPTO doesn’t require submission of proof of authority, it’s advisable to keep such documentation readily available in case it’s requested.
To learn more:
To perfect a claim for foreign priority after patent issuance, several documents are required. According to MPEP 216.01, the following must be submitted:
- A petition to accept an unintentionally delayed claim for priority
- The required petition fee
- A certified copy of the foreign application
- An English language translation of the foreign application (if not in English)
- A statement that the translation is accurate
The MPEP states: ‘In addition to the petition to accept an unintentionally delayed claim for priority and the required petition fee, the claim for priority must be made in an application data sheet (if the patent issued from a utility or plant application filed on or after September 16, 2012) or in a request for a certificate of correction, and a certified copy of the foreign application must be submitted.’
It’s important to note that the requirements may vary slightly depending on the specific circumstances of the application and patent. Consulting with a patent attorney or agent is advisable for ensuring all necessary documents are properly prepared and submitted.
For national stage entry in the United States, the following documents are required:
- A copy of the international application (if not previously communicated by the International Bureau)
- An English translation of the international application (if not in English)
- The basic national fee
- An oath or declaration of the inventors
- A surcharge if the basic national fee or oath/declaration is filed later than 30 months from the priority date
According to MPEP 601.04: “A translated copy of the international application and the basic national fee are required to be filed with the U.S. Designated or Elected Office not later than the expiration of 30 months from the priority date.”
To learn more:
To correct a typographical error in a patent assignment, you need to submit several documents. According to MPEP 323.01(b), the required documents include:
- A copy of the originally recorded papers
- A cover sheet
- The required fee for each application or patent to be corrected
If the assignor is not available to make the correction, the assignee must also provide:
- An affidavit or declaration identifying the error and requesting correction
The MPEP states:
If an assignor is not available to correct an original document or execute a new one, the assignee may submit an affidavit or declaration in which the assignee identifies the error and requests correction. The affidavit or declaration must be accompanied by a copy of the originally recorded papers, a cover sheet, and the required fee for each application or patent to be corrected (37 CFR 3.41).
Ensure all documents are properly prepared and submitted to avoid delays in processing.
To learn more: