How are electronically filed submissions dated by the USPTO?
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…
Read MoreWhat happens if the USPTO receives a document without a date of receipt stamp?
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…
Read MoreWhat happens if there’s a discrepancy between the USPTO’s date stamp and the date on the correspondence?
If there’s a discrepancy between the USPTO’s date stamp and the date on the correspondence, the USPTO’s date stamp is generally considered the official receipt date. However, if an applicant can provide clear evidence that the correspondence was received earlier than the date indicated by the USPTO’s stamp, the earlier date may be recognized as…
Read MoreWhat is the date of receipt stamp for USPTO correspondence?
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…
Read MoreHow does the USPTO handle correspondence received on weekends or holidays?
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…
Read MoreHow are Priority Mail Express® submissions dated by the USPTO?
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®…
Read MoreWhat happens if OPAP objects to the drawings in a patent application?
If OPAP objects to the drawings in a patent application, the following process occurs: OPAP sends a Notice to the applicant requiring submission of corrected drawings. The Notice typically sets a time period of two months for response. Corrected drawings must be filed in paper form to the mailing address specified in the Notice. No…
Read MoreWhat happens if a drawing is not acceptable for publication?
If a drawing is not acceptable for publication, the Office of Patent Application Processing (OPAP) will object to the drawing and notify the applicant. The applicant will be given a time period of two months from the mail date of the Notice to file acceptable drawings. This period is extendable under 37 CFR 1.136(a) or…
Read MoreHow should figures be labeled in patent drawings?
According to MPEP 507, figures in patent drawings should be labeled as follows: Each figure must be labeled ‘Fig.’ with a consecutive Arabic numeral (1, 2, etc.) or an Arabic numeral and capital letter in the English alphabet (A, B, etc.). See 37 CFR 1.84(u)(1); This labeling convention ensures clarity and consistency in referencing figures…
Read MoreWhat are the margin and paper size requirements for patent drawings?
MPEP 507 outlines specific requirements for margins and paper size in patent drawings: Each sheet must include a top margin of at least 2.5 cm. (1 inch), a left size margin of at least 2.5 cm. (1 inch), a right size margin of at least 1.5 cm. (5/8 inch), and a bottom margin of at…
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