Patent Law FAQ

Patent applications are generally kept confidential by the USPTO until they are published or granted. As stated in 35 U.S.C. 122(a):

“Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of an Act of Congress or in such special circumstances as may be determined by the Director.”

This confidentiality requirement applies to all USPTO employees handling patent applications.

To make a Freedom of Information Act (FOIA) request for USPTO records:

1. 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’
2. Describe the requested records in detail:
   • Include specific information such as dates, titles, names, subjects, etc.
   • Provide any known file designations or descriptions
3. If requesting records about yourself, follow additional requirements in 37 CFR 102.24
4. 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.

The USPTO verifies an assignee’s right to inspect a patent application through documentation. As per MPEP 106.01, the assignee must provide either a copy of the assignment recorded in the USPTO or other evidence of ownership. This documentation is necessary to establish the assignee’s legal right to access the confidential information contained in the patent application.

According to 37 CFR 1.9(a)(1), a national application is defined as:

• A U.S. application for patent filed in the USPTO under 35 U.S.C. 111
• An international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid
• An international design application filed under the Hague Agreement in which the USPTO has received a copy of the international registration pursuant to Hague Agreement Article 10

This definition encompasses various types of patent applications that are treated as national applications by the USPTO.

The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013. The key changes are:

• Nonprovisional applications (except for design patent applications) no longer require at least one claim or any drawings to receive a filing date.
• For design patent applications, the filing date is the date on which the USPTO receives the specification including at least one claim and any required drawings.
• As provided in 35 U.S.C. 111(c), a nonprovisional application may be filed by reference to a previously filed application (foreign, international, provisional, or nonprovisional).

These changes simplified the filing process for most nonprovisional applications while maintaining specific requirements for design patent applications.

The United States Patent and Trademark Office (USPTO) defines an abandoned patent application through the Manual of Patent Examining Procedure (MPEP) 203.05. According to this section, an abandoned application is defined as:

An abandoned application is, inter alia, one which is removed from the Office docket of pending applications

This removal from the docket can occur for various reasons, including formal abandonment, failure to take appropriate action during prosecution, non-payment of fees, or the expiration of the statutory period for provisional applications.

According to 37 CFR 1.9(a)(1), a national application is defined as:

• A U.S. application for patent filed in the USPTO under 35 U.S.C. 111
• An international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid
• An international design application filed under the Hague Agreement in which the USPTO has received a copy of the international registration pursuant to Hague Agreement Article 10

This definition encompasses various types of patent applications that are treated as national applications by the USPTO.

The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013. The key changes are:

• Nonprovisional applications (except for design patent applications) no longer require at least one claim or any drawings to receive a filing date.
• For design patent applications, the filing date is the date on which the USPTO receives the specification including at least one claim and any required drawings.
• As provided in 35 U.S.C. 111(c), a nonprovisional application may be filed by reference to a previously filed application (foreign, international, provisional, or nonprovisional).

These changes simplified the filing process for most nonprovisional applications while maintaining specific requirements for design patent applications.

The United States Patent and Trademark Office (USPTO) defines an abandoned patent application through the Manual of Patent Examining Procedure (MPEP) 203.05. According to this section, an abandoned application is defined as:

An abandoned application is, inter alia, one which is removed from the Office docket of pending applications

This removal from the docket can occur for various reasons, including formal abandonment, failure to take appropriate action during prosecution, non-payment of fees, or the expiration of the statutory period for provisional applications.

The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods:

• Mail (except Priority Mail Express®)
• Facsimile
• EFS-Web
• Hand-carried to the Customer Service Window

As stated in the MPEP: The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.

If the USPTO receives a document without a date of receipt stamp, the Office will assign the document a date of receipt based on other evidence. This may include:

• The date of receipt indicated on an Express Mail label
• The date of deposit indicated on a certificate of mailing
• The date of transmission indicated on a certificate of transmission
• Other corroborating evidence, such as a postmark on an envelope

In cases where no other evidence is available, the USPTO may assign the date of receipt as the date the document was matched with the file wrapper.

The filing date of a patent application is determined by the ‘Office Date’ stamp, provided the application includes all necessary components for a filing date. The MPEP states:

If an application as originally filed includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP § 506), the ‘Office Date’ stamp establishes the ‘filing date.’

This means that the date stamped on the application by the USPTO becomes the official filing date, as long as all required elements are present. It’s crucial for applicants to ensure their submissions are complete to secure the earliest possible filing date.

The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3):

Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.

This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day.

The USPTO does not receive or process correspondence on Saturdays, Sundays, or Federal holidays within the District of Columbia, with some exceptions. According to 37 CFR 1.6(a)(1):

The Patent and Trademark Office is not open for the filing of correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of Columbia. Except for correspondence transmitted by facsimile under paragraph (a)(3) of this section, or filed electronically under paragraph (a)(4) of this section, no correspondence is received in the Office on Saturdays, Sundays, or Federal holidays within the District of Columbia.

When the last day for taking action or paying a fee falls on a weekend or holiday, it’s considered timely if done on the next business day: When the last day for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the action or the fee is considered timely if the action is taken or the fee is paid on the next succeeding business day.

Priority Mail Express® submissions to the USPTO are treated differently in terms of dating. According to 37 CFR 1.6(a)(2):

Correspondence filed in accordance with § 1.10 will be stamped with the date of deposit as Priority Mail Express® with the United States Postal Service.

This means that new patent applications filed using Priority Mail Express® will be stamped with the date they were deposited with USPS, even if that date is a Saturday, Sunday, or federal holiday. The MPEP provides an example:

For example, if a new patent application is deposited in Priority Mail Express® in accordance with 37 CFR 1.10 on a Saturday and the United States Postal Service gives it a date of deposit of Saturday, the Office will accord and stamp the correspondence with the Saturday date.

The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4):

Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.

The MPEP further clarifies: Similarly, correspondence submitted via the USPTO electronic filing system (EFS-Web) will be accorded a receipt date on the date the correspondence is received at the correspondence address for the Office set forth in 37 CFR 1.1 (i.e., local time in Alexandria, VA), without regard to whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.

The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods:

• Mail (except Priority Mail Express®)
• Facsimile
• EFS-Web
• Hand-carried to the Customer Service Window

As stated in the MPEP: The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.

If the USPTO receives a document without a date of receipt stamp, the Office will assign the document a date of receipt based on other evidence. This may include:

• The date of receipt indicated on an Express Mail label
• The date of deposit indicated on a certificate of mailing
• The date of transmission indicated on a certificate of transmission
• Other corroborating evidence, such as a postmark on an envelope

In cases where no other evidence is available, the USPTO may assign the date of receipt as the date the document was matched with the file wrapper.

The filing date of a patent application is determined by the ‘Office Date’ stamp, provided the application includes all necessary components for a filing date. The MPEP states:

If an application as originally filed includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP § 506), the ‘Office Date’ stamp establishes the ‘filing date.’

This means that the date stamped on the application by the USPTO becomes the official filing date, as long as all required elements are present. It’s crucial for applicants to ensure their submissions are complete to secure the earliest possible filing date.

The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3):

Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.

This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day.

The USPTO does not receive or process correspondence on Saturdays, Sundays, or Federal holidays within the District of Columbia, with some exceptions. According to 37 CFR 1.6(a)(1):

The Patent and Trademark Office is not open for the filing of correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of Columbia. Except for correspondence transmitted by facsimile under paragraph (a)(3) of this section, or filed electronically under paragraph (a)(4) of this section, no correspondence is received in the Office on Saturdays, Sundays, or Federal holidays within the District of Columbia.

When the last day for taking action or paying a fee falls on a weekend or holiday, it’s considered timely if done on the next business day: When the last day for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the action or the fee is considered timely if the action is taken or the fee is paid on the next succeeding business day.

Priority Mail Express® submissions to the USPTO are treated differently in terms of dating. According to 37 CFR 1.6(a)(2):

Correspondence filed in accordance with § 1.10 will be stamped with the date of deposit as Priority Mail Express® with the United States Postal Service.

This means that new patent applications filed using Priority Mail Express® will be stamped with the date they were deposited with USPS, even if that date is a Saturday, Sunday, or federal holiday. The MPEP provides an example:

For example, if a new patent application is deposited in Priority Mail Express® in accordance with 37 CFR 1.10 on a Saturday and the United States Postal Service gives it a date of deposit of Saturday, the Office will accord and stamp the correspondence with the Saturday date.

The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4):

Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.

The MPEP further clarifies: Similarly, correspondence submitted via the USPTO electronic filing system (EFS-Web) will be accorded a receipt date on the date the correspondence is received at the correspondence address for the Office set forth in 37 CFR 1.1 (i.e., local time in Alexandria, VA), without regard to whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.

The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods:

• Mail (except Priority Mail Express®)
• Facsimile
• EFS-Web
• Hand-carried to the Customer Service Window

As stated in the MPEP: The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.

Patent applications are generally kept confidential by the USPTO until they are published or granted. As stated in 35 U.S.C. 122(a):

“Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of an Act of Congress or in such special circumstances as may be determined by the Director.”

This confidentiality requirement applies to all USPTO employees handling patent applications.

According to 37 CFR 1.9(a)(1), a national application is defined as:

• A U.S. application for patent filed in the USPTO under 35 U.S.C. 111
• An international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid
• An international design application filed under the Hague Agreement in which the USPTO has received a copy of the international registration pursuant to Hague Agreement Article 10

This definition encompasses various types of patent applications that are treated as national applications by the USPTO.

If the USPTO receives a document without a date of receipt stamp, the Office will assign the document a date of receipt based on other evidence. This may include:

• The date of receipt indicated on an Express Mail label
• The date of deposit indicated on a certificate of mailing
• The date of transmission indicated on a certificate of transmission
• Other corroborating evidence, such as a postmark on an envelope

In cases where no other evidence is available, the USPTO may assign the date of receipt as the date the document was matched with the file wrapper.

The filing date of a patent application is determined by the ‘Office Date’ stamp, provided the application includes all necessary components for a filing date. The MPEP states:

If an application as originally filed includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP § 506), the ‘Office Date’ stamp establishes the ‘filing date.’

This means that the date stamped on the application by the USPTO becomes the official filing date, as long as all required elements are present. It’s crucial for applicants to ensure their submissions are complete to secure the earliest possible filing date.

The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013. The key changes are:

• Nonprovisional applications (except for design patent applications) no longer require at least one claim or any drawings to receive a filing date.
• For design patent applications, the filing date is the date on which the USPTO receives the specification including at least one claim and any required drawings.
• As provided in 35 U.S.C. 111(c), a nonprovisional application may be filed by reference to a previously filed application (foreign, international, provisional, or nonprovisional).

These changes simplified the filing process for most nonprovisional applications while maintaining specific requirements for design patent applications.

The USPTO verifies an assignee’s right to inspect a patent application through documentation. As per MPEP 106.01, the assignee must provide either a copy of the assignment recorded in the USPTO or other evidence of ownership. This documentation is necessary to establish the assignee’s legal right to access the confidential information contained in the patent application.

The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3):

Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.

This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day.

The USPTO does not receive or process correspondence on Saturdays, Sundays, or Federal holidays within the District of Columbia, with some exceptions. According to 37 CFR 1.6(a)(1):

The Patent and Trademark Office is not open for the filing of correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of Columbia. Except for correspondence transmitted by facsimile under paragraph (a)(3) of this section, or filed electronically under paragraph (a)(4) of this section, no correspondence is received in the Office on Saturdays, Sundays, or Federal holidays within the District of Columbia.

When the last day for taking action or paying a fee falls on a weekend or holiday, it’s considered timely if done on the next business day: When the last day for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the action or the fee is considered timely if the action is taken or the fee is paid on the next succeeding business day.

The United States Patent and Trademark Office (USPTO) defines an abandoned patent application through the Manual of Patent Examining Procedure (MPEP) 203.05. According to this section, an abandoned application is defined as:

An abandoned application is, inter alia, one which is removed from the Office docket of pending applications

This removal from the docket can occur for various reasons, including formal abandonment, failure to take appropriate action during prosecution, non-payment of fees, or the expiration of the statutory period for provisional applications.

To make a Freedom of Information Act (FOIA) request for USPTO records:

1. 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’
2. Describe the requested records in detail:
   • Include specific information such as dates, titles, names, subjects, etc.
   • Provide any known file designations or descriptions
3. If requesting records about yourself, follow additional requirements in 37 CFR 102.24
4. 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.

Priority Mail Express® submissions to the USPTO are treated differently in terms of dating. According to 37 CFR 1.6(a)(2):

Correspondence filed in accordance with § 1.10 will be stamped with the date of deposit as Priority Mail Express® with the United States Postal Service.

This means that new patent applications filed using Priority Mail Express® will be stamped with the date they were deposited with USPS, even if that date is a Saturday, Sunday, or federal holiday. The MPEP provides an example:

For example, if a new patent application is deposited in Priority Mail Express® in accordance with 37 CFR 1.10 on a Saturday and the United States Postal Service gives it a date of deposit of Saturday, the Office will accord and stamp the correspondence with the Saturday date.

The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4):

Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.

The MPEP further clarifies: Similarly, correspondence submitted via the USPTO electronic filing system (EFS-Web) will be accorded a receipt date on the date the correspondence is received at the correspondence address for the Office set forth in 37 CFR 1.1 (i.e., local time in Alexandria, VA), without regard to whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.

The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods:

• Mail (except Priority Mail Express®)
• Facsimile
• EFS-Web
• Hand-carried to the Customer Service Window

As stated in the MPEP: The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.

Patent applications are generally kept confidential by the USPTO until they are published or granted. As stated in 35 U.S.C. 122(a):

“Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of an Act of Congress or in such special circumstances as may be determined by the Director.”

This confidentiality requirement applies to all USPTO employees handling patent applications.

According to 37 CFR 1.9(a)(1), a national application is defined as:

• A U.S. application for patent filed in the USPTO under 35 U.S.C. 111
• An international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid
• An international design application filed under the Hague Agreement in which the USPTO has received a copy of the international registration pursuant to Hague Agreement Article 10

This definition encompasses various types of patent applications that are treated as national applications by the USPTO.

If the USPTO receives a document without a date of receipt stamp, the Office will assign the document a date of receipt based on other evidence. This may include:

• The date of receipt indicated on an Express Mail label
• The date of deposit indicated on a certificate of mailing
• The date of transmission indicated on a certificate of transmission
• Other corroborating evidence, such as a postmark on an envelope

In cases where no other evidence is available, the USPTO may assign the date of receipt as the date the document was matched with the file wrapper.

The filing date of a patent application is determined by the ‘Office Date’ stamp, provided the application includes all necessary components for a filing date. The MPEP states:

If an application as originally filed includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP § 506), the ‘Office Date’ stamp establishes the ‘filing date.’

This means that the date stamped on the application by the USPTO becomes the official filing date, as long as all required elements are present. It’s crucial for applicants to ensure their submissions are complete to secure the earliest possible filing date.

The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the filing date requirements for nonprovisional applications filed under 35 U.S.C. 111(a) on or after December 18, 2013. The key changes are:

• Nonprovisional applications (except for design patent applications) no longer require at least one claim or any drawings to receive a filing date.
• For design patent applications, the filing date is the date on which the USPTO receives the specification including at least one claim and any required drawings.
• As provided in 35 U.S.C. 111(c), a nonprovisional application may be filed by reference to a previously filed application (foreign, international, provisional, or nonprovisional).

These changes simplified the filing process for most nonprovisional applications while maintaining specific requirements for design patent applications.

The USPTO verifies an assignee’s right to inspect a patent application through documentation. As per MPEP 106.01, the assignee must provide either a copy of the assignment recorded in the USPTO or other evidence of ownership. This documentation is necessary to establish the assignee’s legal right to access the confidential information contained in the patent application.

The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3):

Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.

This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day.

The USPTO does not receive or process correspondence on Saturdays, Sundays, or Federal holidays within the District of Columbia, with some exceptions. According to 37 CFR 1.6(a)(1):

The Patent and Trademark Office is not open for the filing of correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of Columbia. Except for correspondence transmitted by facsimile under paragraph (a)(3) of this section, or filed electronically under paragraph (a)(4) of this section, no correspondence is received in the Office on Saturdays, Sundays, or Federal holidays within the District of Columbia.

When the last day for taking action or paying a fee falls on a weekend or holiday, it’s considered timely if done on the next business day: When the last day for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the action or the fee is considered timely if the action is taken or the fee is paid on the next succeeding business day.

The United States Patent and Trademark Office (USPTO) defines an abandoned patent application through the Manual of Patent Examining Procedure (MPEP) 203.05. According to this section, an abandoned application is defined as:

An abandoned application is, inter alia, one which is removed from the Office docket of pending applications

This removal from the docket can occur for various reasons, including formal abandonment, failure to take appropriate action during prosecution, non-payment of fees, or the expiration of the statutory period for provisional applications.

To make a Freedom of Information Act (FOIA) request for USPTO records:

1. 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’
2. Describe the requested records in detail:
   • Include specific information such as dates, titles, names, subjects, etc.
   • Provide any known file designations or descriptions
3. If requesting records about yourself, follow additional requirements in 37 CFR 102.24
4. 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.

Priority Mail Express® submissions to the USPTO are treated differently in terms of dating. According to 37 CFR 1.6(a)(2):

Correspondence filed in accordance with § 1.10 will be stamped with the date of deposit as Priority Mail Express® with the United States Postal Service.

This means that new patent applications filed using Priority Mail Express® will be stamped with the date they were deposited with USPS, even if that date is a Saturday, Sunday, or federal holiday. The MPEP provides an example:

For example, if a new patent application is deposited in Priority Mail Express® in accordance with 37 CFR 1.10 on a Saturday and the United States Postal Service gives it a date of deposit of Saturday, the Office will accord and stamp the correspondence with the Saturday date.

The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4):

Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.

The MPEP further clarifies: Similarly, correspondence submitted via the USPTO electronic filing system (EFS-Web) will be accorded a receipt date on the date the correspondence is received at the correspondence address for the Office set forth in 37 CFR 1.1 (i.e., local time in Alexandria, VA), without regard to whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.