Can 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…
Read MoreWhat form is used to certify micro entity status based on an institution of higher education?
The U.S. Patent and Trademark Office provides a specific form for certifying micro entity status based on an institution of higher education. This form is PTO/SB/15B. MPEP 509.04(b) states: “The Office’s form PTO/SB/15B contains the certifications under 37 CFR 1.29(d) that are required to establish micro entity status on the institution of higher education basis.”…
Read MoreWhat happens if the USPTO cannot locate a patent or application file?
If the USPTO cannot locate a file after a reasonable search, they will notify the applicant or patentee and set a time period for compliance. According to 37 CFR 1.251(a), the applicant or patentee must respond by: Providing a copy of their record of correspondence with the USPTO Producing their record for the USPTO to…
Read MoreCan video conferencing tools be used for examiner interviews in patent applications?
Yes, video conferencing tools can be used for examiner interviews in patent applications, but there are specific requirements. According to MPEP 502.03: ‘USPTO video conferencing tools may be used to conduct examiner interviews in both published and unpublished applications under the Patent Internet Usage Policy.’ However, several conditions must be met: Authorization by the practitioner…
Read MoreWhat is PSTAR in patent examination?
PSTAR stands for Patents Service for Time and Application Routing. According to MPEP 504, PSTAR is “the program [that] assigns each nonprovisional application to an examiner.” This system is used by the United States Patent and Trademark Office (USPTO) to efficiently distribute patent applications to the appropriate examiners for review. To learn more: PSTAR patent…
Read MoreWhen should small entity status be claimed in a patent application?
Small entity status should only be claimed after a thorough investigation has been completed and there is certainty about the entitlement. The MPEP 509.03(a) states: “Where entitlement to small entity status is uncertain, it should not be claimed.” It’s important to note that even paying the small entity basic filing fee constitutes an assertion of…
Read MoreWhen are duplicate copies of patent correspondence required?
While the USPTO generally discourages filing duplicate copies, there are situations where separate copies are necessary. According to MPEP 502.04: Since each file must be complete in itself, a separate copy of every paper to be filed in a patent, patent file, or other proceeding must be furnished for each file to which the paper…
Read MoreWho can sign a written assertion of small entity status?
For applications filed on or after September 16, 2012, the following parties can sign a written assertion of small entity status: The applicant A patent practitioner of record or acting in a representative capacity The inventor or a joint inventor, if the inventor is the applicant The assignee According to 37 CFR 1.27(c)(2): “The written…
Read MoreWho can sign a micro entity certification?
According to MPEP 509.04(c), a certification of micro entity status can be signed only by an authorized party as set forth in 37 CFR 1.33(b), which includes: A patent practitioner of record A patent practitioner not of record who acts in a representative capacity under the provisions of 37 CFR 1.34 The applicant (37 CFR…
Read MoreCan an applicant withdraw email communication authorization with the USPTO?
Yes, an applicant can withdraw their authorization for email communication with the USPTO. According to MPEP 502.03: ‘A written authorization may be withdrawn by filing a signed paper clearly identifying the original authorization.’ The USPTO provides a sample form for withdrawing authorization: ‘The authorization given on______, to the USPTO to communicate with any practitioner of…
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