What are the recommended methods for filing new patent applications with the USPTO?
The USPTO strongly recommends the following methods for filing new patent applications: Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted. Priority Mail Express®: If not filing electronically, use this method in accordance with 37 CFR 1.10 to secure the date of deposit as the filing date. Hand-delivery to the…
Read MoreHow can I petition for my correspondence to be considered filed on a particular date due to a Priority Mail Express® interruption?
You can petition the USPTO Director to consider correspondence as filed on a particular date if it was returned or refused by the USPS due to a Priority Mail Express® interruption or emergency. The petition process is outlined in 37 CFR 1.10(g) and (h): File the petition promptly after becoming aware of the return or…
Read MoreAre provisional patent applications assigned to examiners?
No, provisional patent applications are not assigned to examiners for examination. MPEP 504 explicitly states: “Provisional applications will not be examined.” This is because provisional applications are primarily used to establish a priority date and are not subject to substantive examination.
Read MoreHow do I properly identify patent correspondence?
When filing patent correspondence, you should include the following identifying information: Application number (checked for accuracy, including series code and serial number) Art Unit number (copied from most recent Office communication) Filing date Name of the examiner who prepared the most recent Office action Title of invention Confirmation number As stated in 37 CFR 1.5(a):…
Read MoreWhat is Priority Mail Express® and how does it relate to patent filings?
Priority Mail Express® is a service offered by the United States Postal Service (USPS) that can be used to establish a filing date for patent applications and other correspondence with the USPTO. As stated in MPEP 513: The statutory authority for the granting of a filing date based on the date of deposit for correspondence…
Read MoreHow is the filing date determined for Priority Mail Express® submissions to the USPTO?
The filing date for Priority Mail Express® submissions is typically determined by the “date accepted” on the Priority Mail Express® mailing label. According to MPEP 513: Office personnel will routinely look to the Priority Mail Express® mailing label, and stamp the “date accepted” or other official USPS notation as the filing date of the correspondence.…
Read MoreWhat are the time limits for responding to a notice under 37 CFR 1.251?
The time limits for responding to a notice under 37 CFR 1.251 vary depending on whether it’s for an application or a patent: For applications: The Office sets a three-month period for reply, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months. For patents: The…
Read MoreWhat are the risks of improperly claiming micro entity status?
Improperly claiming micro entity status can have serious consequences: It may be considered fraud on the USPTO if done knowingly It can result in the patent being held unenforceable Improperly paid fees will need to be corrected, which may include late fees MPEP 509.04 warns: ‘Any attempt to fraudulently establish status as a micro entity,…
Read MoreWhat should I do if there’s a discrepancy between the USPTO filing date and the Priority Mail Express® “date accepted”?
If there’s a discrepancy between the filing date accorded by the USPTO and the “date accepted” on the Priority Mail Express® mailing label, you can file a petition under 37 CFR 1.10(c). MPEP 513 states that such a petition should: Be filed promptly after becoming aware of the discrepancy Include evidence that the Priority Mail…
Read MoreHow can an applicant request review of a refusal to accord a filing date?
An applicant can request review of a refusal to accord a filing date by filing a petition. The MPEP states: Any review of the refusal to grant a filing date as of the date of deposit of the application would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)). Petitioner should…
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