What certifications are implied when signing patent correspondence?
When signing patent correspondence, the signer is making certain certifications, including: The presentation of any paper to the USPTO constitutes a certification under 37 CFR 11.18(b). For S-signatures, the person inserting the signature certifies that the inserted signature is their own. When submitting a document signed by another person, the submitter certifies they have a…
Read MoreCan I change my entity status during the patent application process?
Can I change my entity status during the patent application process? Yes, you can change your entity status during the patent application process. The MPEP 509.03 states: “Small entity status may be claimed in a pending application at any time before, or concurrently with, the payment of an issue fee.” This means you can: Change…
Read MoreCan small entity status be changed during the patent process?
Can small entity status be changed during the patent process? Yes, small entity status can be changed during the patent process. The MPEP 509.03 provides guidance on this: “Once status as a small entity has been established in an application or patent, fees as a small entity may thereafter be paid in that application or…
Read MoreCan small entity status be changed during the life of a patent?
Can small entity status be changed during the life of a patent? Yes, small entity status can change during the life of a patent. The MPEP 509.03 provides guidance on this: Once status as a small entity has been established in an application or patent, fees as a small entity may thereafter be paid in…
Read MoreCan color drawings be submitted by facsimile to the USPTO?
No, color drawings cannot be submitted by facsimile to the USPTO. This is explicitly stated in MPEP 502.01 and 37 CFR 1.6(d)(4): Facsimile transmissions are not permitted and, if submitted, will not be accorded a date of receipt in the following situations: … (4) Color drawings submitted under §§ 1.81, 1.83 through 1.85, 1.152, 1.165,…
Read MoreWhat constitutes a complete patent application for filing date purposes?
A complete patent application for filing date purposes must include: A specification containing a description as per 37 CFR 1.71 At least one claim (for nonprovisional design applications only) as per 37 CFR 1.75 Any drawings required by 37 CFR 1.81(a) As stated in the MPEP: “The filing date of the provisional or nonprovisional application…
Read MoreWhat are the requirements for sending confidential information via email to the USPTO?
When sending confidential information via email to the USPTO, specific requirements must be met: Use of the Electronic Filing System (EFS-Web) is strongly recommended for submitting confidential information. If email must be used, it should be through the USPTO’s secure email system. An authorization from the applicant is required before sending confidential information via email.…
Read MoreWhat happens if I fail to notify the USPTO about loss of micro entity status?
What happens if I fail to notify the USPTO about loss of micro entity status? Failing to notify the USPTO about the loss of micro entity status can have serious consequences. The MPEP warns: “Fraudulent assertion of micro entity status is considered a fraud practiced or attempted on the Office.” (MPEP 509.04(f)) Consequences may include:…
Read MoreWhat are the consequences of not responding to a notice about an unlocatable file?
The consequences of not responding to a notice about an unlocatable file differ for pending applications and granted patents: For pending applications: According to 37 CFR 1.251(b), failure to comply with one of paragraphs (a)(1), (a)(2), or (a)(3) of this section within the time period set in the notice will result in abandonment of the…
Read MoreWhat are the consequences of improperly claiming small entity status?
What are the consequences of improperly claiming small entity status? Improperly claiming small entity status can have serious consequences. The MPEP 509.03 states: “Improperly and with intent to deceive establishing status as a small entity, or paying fees as a small entity, shall be considered as a fraud practiced or attempted on the Office.” This…
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