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)
A cover sheet is a crucial component in the patent document recording process. It provides essential information about the document being recorded and the patents or applications it relates to.
The requirement for a cover sheet is specified in 37 CFR 3.31, which states the necessary contents of a cover sheet. As mentioned in MPEP 315, a completed cover sheet is one of the required items when recording a document with additional patents or applications: “a completed cover sheet (see 37 CFR 3.31 and MPEP § 302.07)”
For more detailed information on cover sheets, refer to MPEP § 302.07.
For more information on cover sheet, visit: cover sheet.
For more information on document submission, visit: document submission.
For more information on USPTO requirements, visit: USPTO requirements.
MPEP 315 – Indexing Against a Recorded Certificate (1)
A cover sheet is a crucial component in the patent document recording process. It provides essential information about the document being recorded and the patents or applications it relates to.
The requirement for a cover sheet is specified in 37 CFR 3.31, which states the necessary contents of a cover sheet. As mentioned in MPEP 315, a completed cover sheet is one of the required items when recording a document with additional patents or applications: “a completed cover sheet (see 37 CFR 3.31 and MPEP § 302.07)”
For more detailed information on cover sheets, refer to MPEP § 302.07.
For more information on cover sheet, visit: cover sheet.
For more information on document submission, visit: document submission.
For more information on USPTO requirements, visit: USPTO requirements.
MPEP 500 – Receipt and Handling of Mail and Papers (1)
Can small entity status be changed during the patent process?
Yes, small entity status can be changed during the patent process. The MPEP 509.03 provides guidance on this: “Once status as a small entity has been established in an application or patent, fees as a small entity may thereafter be paid in that application or patent without regard to a change in status until the issue fee is due or any maintenance fee is due.” This means that:
- You can change from small entity to large entity at any time by simply paying the full fee.
- If you lose small entity status, you must notify the USPTO before or with the next fee payment.
- Changing from large entity to small entity requires a new certification of entitlement to small entity status.
It’s important to monitor your status throughout the patent process and update the USPTO promptly if changes occur to avoid potential issues.
To learn more:
Patent Law (5)
Submitting informal drawings in a patent application can have several consequences:
- The application may be considered incomplete, potentially affecting the filing date.
- The examiner may object to the drawings and require formal drawings to be submitted.
- It may delay the examination process.
- In some cases, it could result in a loss of patent rights if not corrected in time.
MPEP 608.02(b) states: ‘The Office no longer considers drawings as formal or informal; drawings are either acceptable or not acceptable. Drawings will be accepted by the Office of Patent Application Processing (OPAP) if the drawings meet the requirements of 37 CFR 1.84(a), (b), (c), and (e) and are capable of reproduction.’
It’s important to note that while the USPTO may accept informal drawings initially, they may still be objected to during examination, requiring corrections to be made.
To learn more:
To learn more:
Correcting or adding drawings after a patent application is filed is addressed in MPEP 608.02, subsection II. The key points are:
- Drawings can be corrected, revised, or added if no new matter is introduced.
- The applicant must submit a proposed drawing correction in reply to the Office action.
- For non-provisional applications, replacement sheets of corrected drawings must be submitted.
- For provisional applications, corrected drawings may be submitted as an amendment to the application.
The MPEP states: ‘Where a drawing is to be amended, applicant must submit a replacement sheet of drawings which complies with 37 CFR 1.84 and includes all of the figures appearing on the original version of the sheet, even if only one figure is being amended.’ This ensures that the entire drawing set remains consistent and complete.
To learn more:
A cover sheet is a crucial component in the patent document recording process. It provides essential information about the document being recorded and the patents or applications it relates to.
The requirement for a cover sheet is specified in 37 CFR 3.31, which states the necessary contents of a cover sheet. As mentioned in MPEP 315, a completed cover sheet is one of the required items when recording a document with additional patents or applications: “a completed cover sheet (see 37 CFR 3.31 and MPEP § 302.07)”
For more detailed information on cover sheets, refer to MPEP § 302.07.
For more information on cover sheet, visit: cover sheet.
For more information on document submission, visit: document submission.
For more information on USPTO requirements, visit: USPTO requirements.
Can small entity status be changed during the patent process?
Yes, small entity status can be changed during the patent process. The MPEP 509.03 provides guidance on this: “Once status as a small entity has been established in an application or patent, fees as a small entity may thereafter be paid in that application or patent without regard to a change in status until the issue fee is due or any maintenance fee is due.” This means that:
- You can change from small entity to large entity at any time by simply paying the full fee.
- If you lose small entity status, you must notify the USPTO before or with the next fee payment.
- Changing from large entity to small entity requires a new certification of entitlement to small entity status.
It’s important to monitor your status throughout the patent process and update the USPTO promptly if changes occur to avoid potential issues.
To learn more:
The inventor’s citizenship is an important piece of information in a patent application for several reasons:
- Compliance with USPTO requirements
- Determination of inventorship rights
- Application of international treaties
- Export control considerations
MPEP 602.08(a) states: ‘Citizenship is required to support an oath or declaration under 37 CFR 1.63 or to determine whether the application is subject to a secrecy order under 37 CFR 5.1(b).’
The citizenship information helps the USPTO ensure compliance with various legal requirements and international agreements, such as the Paris Convention for the Protection of Industrial Property.
To learn more:
Patent Procedure (5)
Submitting informal drawings in a patent application can have several consequences:
- The application may be considered incomplete, potentially affecting the filing date.
- The examiner may object to the drawings and require formal drawings to be submitted.
- It may delay the examination process.
- In some cases, it could result in a loss of patent rights if not corrected in time.
MPEP 608.02(b) states: ‘The Office no longer considers drawings as formal or informal; drawings are either acceptable or not acceptable. Drawings will be accepted by the Office of Patent Application Processing (OPAP) if the drawings meet the requirements of 37 CFR 1.84(a), (b), (c), and (e) and are capable of reproduction.’
It’s important to note that while the USPTO may accept informal drawings initially, they may still be objected to during examination, requiring corrections to be made.
To learn more:
To learn more:
Correcting or adding drawings after a patent application is filed is addressed in MPEP 608.02, subsection II. The key points are:
- Drawings can be corrected, revised, or added if no new matter is introduced.
- The applicant must submit a proposed drawing correction in reply to the Office action.
- For non-provisional applications, replacement sheets of corrected drawings must be submitted.
- For provisional applications, corrected drawings may be submitted as an amendment to the application.
The MPEP states: ‘Where a drawing is to be amended, applicant must submit a replacement sheet of drawings which complies with 37 CFR 1.84 and includes all of the figures appearing on the original version of the sheet, even if only one figure is being amended.’ This ensures that the entire drawing set remains consistent and complete.
To learn more:
A cover sheet is a crucial component in the patent document recording process. It provides essential information about the document being recorded and the patents or applications it relates to.
The requirement for a cover sheet is specified in 37 CFR 3.31, which states the necessary contents of a cover sheet. As mentioned in MPEP 315, a completed cover sheet is one of the required items when recording a document with additional patents or applications: “a completed cover sheet (see 37 CFR 3.31 and MPEP § 302.07)”
For more detailed information on cover sheets, refer to MPEP § 302.07.
For more information on cover sheet, visit: cover sheet.
For more information on document submission, visit: document submission.
For more information on USPTO requirements, visit: USPTO requirements.
Can small entity status be changed during the patent process?
Yes, small entity status can be changed during the patent process. The MPEP 509.03 provides guidance on this: “Once status as a small entity has been established in an application or patent, fees as a small entity may thereafter be paid in that application or patent without regard to a change in status until the issue fee is due or any maintenance fee is due.” This means that:
- You can change from small entity to large entity at any time by simply paying the full fee.
- If you lose small entity status, you must notify the USPTO before or with the next fee payment.
- Changing from large entity to small entity requires a new certification of entitlement to small entity status.
It’s important to monitor your status throughout the patent process and update the USPTO promptly if changes occur to avoid potential issues.
To learn more:
The inventor’s citizenship is an important piece of information in a patent application for several reasons:
- Compliance with USPTO requirements
- Determination of inventorship rights
- Application of international treaties
- Export control considerations
MPEP 602.08(a) states: ‘Citizenship is required to support an oath or declaration under 37 CFR 1.63 or to determine whether the application is subject to a secrecy order under 37 CFR 5.1(b).’
The citizenship information helps the USPTO ensure compliance with various legal requirements and international agreements, such as the Paris Convention for the Protection of Industrial Property.
To learn more: