How does the USPTO handle status inquiries for unpublished applications?
How does the USPTO handle status inquiries for unpublished applications? The USPTO has specific procedures for handling status inquiries for unpublished applications: Status information is only provided to applicants, their attorneys or agents, or assignees of record. Third parties cannot receive status information about unpublished applications. The USPTO may confirm the filing date, application number,…
Read MoreHow does the USPTO handle unintentionally delayed domestic benefit claims?
The USPTO handles unintentionally delayed domestic benefit claims similarly to foreign priority claims, but with some specific provisions. According to MPEP 214.02: ‘For applications filed on or after September 16, 2012, the specific reference to the prior application must be included in an application data sheet (37 CFR 1.76). For applications filed prior to September…
Read MoreWhat information can the USPTO provide about applications in secrecy order?
What information can the USPTO provide about applications in secrecy order? The USPTO has strict limitations on providing information about applications under secrecy order: No information about the application can be given without authorization from the appropriate department or agency. The USPTO cannot confirm or deny the existence of such applications. Any inquiries about these…
Read MoreWhich USPTO offices handle inquiries from high-level government sources?
The USPTO has designated specific offices to handle inquiries from high-level government sources. According to MPEP 203.08(a): Office of Policy and International Affairs: Handles inquiries from embassies, the Office of the U.S. Trade Representative, and the Department of State. Office of Governmental Affairs: Manages inquiries from Congress and the White House. These offices are responsible…
Read MoreHow does the USPTO define different types of patent applications?
The United States Patent and Trademark Office (USPTO) defines different types of patent applications in the Code of Federal Regulations (CFR) and the Manual of Patent Examining Procedure (MPEP). Specifically: National application, Provisional application, and Nonprovisional application are defined in 37 CFR 1.9(a) International application is defined in 37 CFR 1.9(b) International design application is…
Read MoreWhen does the USPTO attempt to retrieve foreign applications under PDX?
The USPTO’s timing for retrieving foreign applications under PDX is described in MPEP 215.01: In general, an attempt to retrieve an eligible foreign application to which priority is claimed in a U.S. application will be made by the USPTO when the application is docketed to an examiner. In any case the USPTO will not attempt…
Read MoreHow does the USPTO handle priority claims in national stage applications when the certified copy is already in the International Bureau’s priority document database?
When the certified copy of the priority document is already in the International Bureau’s priority document database, the USPTO handles priority claims in national stage applications as follows: The USPTO will attempt to retrieve the certified copy from the International Bureau’s priority document database. If successful, no further action is required from the applicant regarding…
Read MoreHow does the USPTO handle priority claims based on inventor’s certificates from countries with restricted options?
The USPTO recognizes that some countries have restrictions on who can apply for patents versus inventor’s certificates. As stated in MPEP 213.05: It is recognized that certain countries that grant inventors’ certificates also provide by law that their own nationals who are employed in state enterprises may only receive inventors’ certificates and not patents on…
Read MoreWhat happens if the USPTO fails to retrieve a priority document through the exchange program?
If the USPTO fails to retrieve a priority document through the exchange program, the applicant is notified and given an opportunity to correct the issue. According to MPEP 215.02(a): “If the USPTO is unable to retrieve a copy of the foreign application to which priority is claimed, the applicant will be notified and given an…
Read MoreHow does the USPTO retrieve priority documents through PDX?
How does the USPTO retrieve priority documents through PDX? The USPTO retrieves priority documents through the Priority Document Exchange (PDX) program upon request from the applicant. As stated in MPEP 215.02(a), ‘If the applicant requests retrieval of the priority document through the PDX program, the USPTO will attempt to retrieve the document.’ The process involves:…
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