What evidence is required to prove a filing delay due to a postal emergency?
To prove a filing delay due to a postal emergency, applicants must provide sufficient evidence. According to MPEP 511: The nature of the evidence required by the Office to establish that the paper was timely filed will depend upon the circumstances of the particular emergency and the nature of the filing. This evidence may include:…
Read MoreWhat happens if an applicant’s income exceeds the micro entity threshold during pendency?
What happens if an applicant’s income exceeds the micro entity threshold during pendency? If an applicant’s income exceeds the micro entity threshold during the pendency of an application, they must notify the USPTO and change their status. The MPEP 509.04(a) states: “A micro entity certification in an application will remain in effect until the applicant…
Read MoreCan I use a certificate of mailing for all types of patent-related correspondence?
While certificates of mailing are widely applicable, they cannot be used for all types of patent-related correspondence. MPEP 512 outlines specific exceptions: The Certificate of Mailing or Transmission procedure does not apply to the filing of a national patent application specification and drawing or other correspondence for the purpose of obtaining an application filing date.…
Read MoreWhat types of correspondence are not eligible for the Certificate of Mailing or Transmission procedure?
While the Certificate of Mailing or Transmission procedure is useful for many types of USPTO correspondence, there are several exceptions. According to 37 CFR 1.8(a)(2), the procedure does not apply to: Filing of national patent application specifications and drawings for the purpose of obtaining an application filing date Filing of correspondence in an international application…
Read MoreWhat is the difference between ‘Express Mail’ and ‘Priority Mail Express’?
As of July 28, 2013, the United States Postal Service (USPS) renamed ‘Express Mail’ to ‘Priority Mail Express’. According to MPEP 511: “Effective July 28, 2013, the United States Postal Service (USPS) changed the name of ‘Express Mail’ to ‘Priority Mail Express.’ All characteristics of the ‘Priority Mail Express’ service are the same as those…
Read MoreHow should a Continued Prosecution Application (CPA) be filed by facsimile?
Filing a Continued Prosecution Application (CPA) by facsimile requires specific procedures, as outlined in MPEP 502.01: CPAs are only available for design applications. The CPA must be sent to the central facsimile number: (571) 273-8300. An authorization to charge the basic filing fee to a deposit account or credit card must be included, or the…
Read MoreWhat is the general mailing address for patent-related correspondence with the USPTO?
The general mailing address for patent-related correspondence is: Commissioner for PatentsP.O. Box 1450Alexandria, Virginia 22313-1450 This address is used for various patent-related documents, including: Patent applications Replies to notices of informality Requests for extension of time Notices of appeal to the Patent Trial and Appeal Board Requests for reexamination Petitions to the Commissioner for Patents…
Read MoreHow should I address trademark-related documents to the USPTO?
For trademark-related documents filed on paper, except for certain specific cases, the address is: Commissioner for TrademarksP.O. Box 1451Alexandria, VA 22313-1451 According to MPEP 501, which cites 37 CFR 2.190: “All trademark-related documents filed on paper, except documents sent to the Assignment Recordation Branch for recordation; requests for copies of trademark documents; and certain documents…
Read MoreWhat is an S-signature and how should it be used in USPTO correspondence?
An S-signature is a type of electronic signature used in USPTO correspondence. According to MPEP 501, which cites 37 CFR 1.4(d)(2): An S-signature is a signature inserted between forward slash marks, but not a handwritten signature as defined by paragraph (d)(1) of this section. An S-signature includes any signature made by electronic or mechanical means,…
Read MoreWhat is the requirement for separate papers when corresponding with the USPTO?
The USPTO requires that different matters be submitted in separate papers to ensure efficient processing. This requirement is outlined in MPEP 501, which cites 37 CFR 1.4(c): Since different matters may be considered by different branches or sections of the Office, each distinct subject, inquiry or order must be contained in a separate paper to…
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