What are the requirements for signatures on USPTO correspondence?
The USPTO accepts different types of signatures on correspondence, including: Handwritten signatures: Original signatures in permanent dark ink or equivalent. S-signatures: A signature inserted between forward slash marks, which can be used for correspondence filed in paper, by fax, or via the electronic filing system. Electronic signatures: For correspondence submitted via the electronic filing system,…
Read MoreWhat is the mailing address for trademark-related correspondence?
The mailing address for trademark-related correspondence is: Commissioner for TrademarksP.O. Box 1451Alexandria, VA 22313-1451 This address should be used for all trademark-related documents filed on paper, except for certain specific documents as outlined in the regulations. According to 37 CFR 2.190: In general, trademark documents to be delivered by the USPS must be addressed to:…
Read MoreHow long do I have to respond to a notice about an unlocatable file?
The time period for responding to a notice about an unlocatable file depends on whether it’s for an application or a patent: For applications: The USPTO typically sets a three-month period, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months. For patents: A six-month non-extendable…
Read MoreAre provisional patent applications examined?
No, provisional patent applications are not examined. The MPEP 504 clearly states: “Provisional applications will not be examined.” Provisional applications serve as a placeholder to establish a priority date and are not subject to substantive examination by the USPTO. To learn more: provisional applications patent examination USPTO
Read MoreCan an officer of an assignee corporation sign a micro entity certification?
No, an officer of an assignee corporation is not authorized to sign a certification of micro entity status. According to MPEP 509.04(c): “If any applicant is an assignee or other party under 37 CFR 1.46, and the assignee or other party is a corporation or organization rather than a person, a registered practitioner must sign…
Read MoreHow can an applicant authorize email communications with the USPTO?
To authorize email communications with the USPTO, an applicant must provide a written authorization. According to MPEP 502.03: ‘The written authorization may be submitted via EFS-Web, mail, or fax. It cannot be submitted by email.’ The USPTO provides a sample authorization form: ‘Recognizing that Internet communications are not secure, I hereby authorize the USPTO to…
Read MoreHow is the deficiency owed calculated for micro entity fee errors?
The deficiency owed for micro entity fee errors is calculated according to 37 CFR 1.29(k)(2). The MPEP states: The deficiency owed for each previous fee erroneously paid as a micro entity is the difference between the current fee amount for a small entity or non-small entity, as applicable, on the date the deficiency is paid…
Read MoreWhat happens if the Certificate of Mailing or Transmission is omitted from a paper?
If the Certificate of Mailing or Transmission is omitted from a paper, the USPTO will treat the paper as though it was not received. According to MPEP 512: “If the certification of mailing or transmission is omitted and the paper is later received by the U.S. Patent and Trademark Office, the paper will be considered…
Read MoreWhat is a Certificate of Mailing or Transmission?
A Certificate of Mailing or Transmission is a procedure under 37 CFR 1.8 that allows correspondence to be considered timely filed with the USPTO if it meets certain conditions. As stated in the MPEP: “Under 37 CFR 1.8, a person may state on certain papers directed to the Office (some exceptions are stated in 37…
Read MoreCan I use a Certificate of Mailing or Transmission for all USPTO correspondence?
No, the Certificate of Mailing or Transmission cannot be used for all USPTO correspondence. The MPEP 512 specifies certain types of correspondence that are excluded from the certificate practice: “The Certificate of Mailing or Transmission procedure does not apply to: (A) Relative to Patents and Patent Applications— (1) The filing of a national patent application…
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