What is Priority Mail Express® and how does it relate to patent filings?
Priority Mail Express® is a service offered by the United States Postal Service (USPS) that can be used to establish a filing date for patent applications and other correspondence with the USPTO. As stated in MPEP 513: The statutory authority for the granting of a filing date based on the date of deposit for correspondence…
Read MoreWho can sign papers in a patent application when the attorney is suspended?
When an attorney is suspended, the signing authority for papers in a patent application depends on the filing date: For applications filed before September 16, 2012: All named applicants Assignee of record of an undivided part interest, along with named applicants retaining an interest Assignee of the entire interest A registered patent attorney or agent…
Read MoreWhat must an applicant with sufficient proprietary interest submit with their patent application?
An applicant who shows sufficient proprietary interest in the matter must submit a petition with their patent application, including: The fee set forth in § 1.17(g) A showing that the person has sufficient proprietary interest in the matter A statement that making the application for patent by this person on behalf of and as agent…
Read MoreWhat is the general mailing address for patent applications and patent-related papers?
The general mailing address for patent applications and patent-related papers is: Commissioner for PatentsP.O. Box 1450Alexandria, Virginia 22313-1450 This address should be used for correspondence including patent applications, replies to notices of informality, requests for extension of time, notices of appeal, briefs, requests for oral hearings, applications for patent term extensions, reexamination requests, statutory disclaimers,…
Read MoreHow are patent applications initially processed by the USPTO?
Patent applications are initially processed by the USPTO through electronic scanning and loading into the Image File Wrapper (IFW) system. According to MPEP 508, “All applications are electronically scanned and loaded into the Image File Wrapper (IFW) system upon filing. Once documents are loaded into the IFW system, examiners, technical support staff, and other Office…
Read MoreWhat happens to papers received after a patent is granted or an application is abandoned?
According to MPEP 508.02, “After an application is patented or abandoned, any incoming communication which is not to become part of the record will be returned to the sender. If a paper has been scanned into the IFW, ‘return’ of the paper will be accomplished by the Office closing it in IFW.” This means that…
Read MoreHow does the USPTO communicate when an attorney or agent is suspended?
When an attorney or agent is suspended, the USPTO does not communicate with them. Instead: For sole practitioners: The Office action is mailed to the address of the first named applicant in the application. For multiple practitioners: The Office action is mailed to the first named unsuspended registered practitioner of record and to the first…
Read MoreWho can appoint a power of attorney in a patent application?
For applications filed on or after September 16, 2012, a power of attorney must be signed by the applicant for patent (i.e., all parties identified as the applicant as defined by 37 CFR 1.42(a)) or the patent owner. For applications filed before September 16, 2012, a power of attorney can be signed by the applicant…
Read MoreWhat happens if there’s a postal interruption or emergency affecting USPTO correspondence?
In the event of a postal interruption or emergency: An announcement will be placed on the USPTO website at www.uspto.gov A notice will be published in the Official Gazette These communications will provide instructions about filing patent applications and other papers related to patent applications and patents The USPTO Director may prescribe rules considering papers…
Read MoreWhat forms are used for Customer Number practice?
The USPTO provides several forms for Customer Number practice: PTO/SB/125 – Request for Customer Number PTO/SB/124 – Request for Customer Number Data Change PTO/AIA/122 or PTO/SB/122 – Change of Correspondence Address, Application PTO/AIA/123 or PTO/SB/123 – Change of Correspondence Address, Patent According to MPEP 403: “The following forms are suggested for use with the Customer…
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