Can I use a Certificate of Mailing or Transmission for international patent applications?
The use of a Certificate of Mailing or Transmission for international patent applications is limited and depends on the specific type of correspondence. According to the MPEP and 37 CFR 1.8(a)(2)(i)(D)-(F), the certificate procedure does not apply to: The filing of an international application for patent The filing of correspondence in an international application before…
Read MoreWhat should applicants do if their patent attorney or agent is suspended?
If an applicant’s patent attorney or agent is suspended, they should take the following steps: File a new power of attorney in the application to have a registered attorney or agent represent them before the Office. Ensure all future papers are signed by authorized parties (see MPEP § 407, Form Paragraph 4.07 for details on…
Read MoreHow does the application filing limit work for micro entity status?
The application filing limit for micro entity status works as follows: An applicant must not have been named as an inventor on more than 4 previously filed patent applications This limit excludes provisional applications, foreign applications, and PCT applications where the basic national fee was not paid Applications filed as a result of previous employment…
Read MoreHow do I certify micro entity status?
To certify micro entity status, you must file a certification form with the USPTO. The USPTO provides two forms: Form PTO/SB/15A for certifying under the gross income basis Form PTO/SB/15B for certifying under the institution of higher education basis The certification must be signed by an authorized party as defined in 37 CFR 1.33(b). It…
Read MoreWhat should I do if I can’t file my patent application electronically or by Priority Mail Express® due to an emergency?
If you cannot file your patent application electronically or by Priority Mail Express® due to an emergency, consider the following options: Use first-class mail with a Certificate of Mailing under 37 CFR 1.8 Hand-deliver the application to the USPTO, if possible If the emergency is a designated postal service interruption, follow the specific instructions provided…
Read MoreWhat does MPEP 303 say about assignment documents on certified copies of patent applications?
MPEP 303 states that certified copies of patent applications as filed do not include an indication of assignment documents. The section specifically notes: “Certified copies of patent applications as filed do not include an indication of assignment documents.” (MPEP 303) This means that if an applicant wants to have proof of assignment documents, they need…
Read MoreWhat are the requirements to qualify for micro entity status?
To qualify for micro entity status, an applicant must meet the following requirements: Qualify as a small entity Not be named as an inventor on more than 4 previously filed patent applications Not have a gross income exceeding 3 times the median household income in the previous calendar year Not have assigned, licensed, or be…
Read MoreHow long does micro entity status last?
Micro entity status, once properly established, generally remains in effect until: A fee is paid in the small entity or undiscounted amount A notification of loss of entitlement to micro entity status is filed The issue fee or a maintenance fee is due However, the applicant has a continued obligation to verify eligibility for micro…
Read MoreHow can a patent practitioner withdraw from representing a client in a patent application?
A registered patent attorney or agent who has been given a power of attorney may withdraw as attorney or agent of record by submitting a request to the USPTO. The process involves: Filing a request for withdrawal with the USPTO Obtaining approval from the Director of the USPTO Notifying the applicant or patent owner of…
Read MoreWhat types of patent applications and documents can be filed via EFS-Web?
The following types of patent applications and documents can be filed via EFS-Web: Provisional patent applications under 35 U.S.C. 111(b) Nonprovisional utility patent applications under 35 U.S.C. 111(a) Nonprovisional design patent applications under 35 U.S.C. 111(a) International applications filed under the PCT in the United States Receiving Office National stage submissions under 35 U.S.C. 371…
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