What is the filing date for applications properly filed under 37 CFR 1.10 (Priority Mail Express)?
For applications properly filed under 37 CFR 1.10 using Priority Mail Express, the filing date is the date the application was deposited with the U.S. Postal Service. The MPEP states: For applications properly filed under 37 CFR 1.10, the filing date is the date that the application was deposited as Priority Mail Express® in the…
Read MoreIs a prior art search required before filing a patent application?
No, an applicant is not required to conduct a prior art search before filing a patent application. The MPEP clearly states: ‘An applicant has no duty to conduct a prior art search as a prerequisite to filing an application for patent.’ This is supported by several court cases cited in the MPEP, including: Nordberg, Inc.…
Read MoreCan a power of attorney be signed by less than all applicants or owners of a patent application?
Generally, a power of attorney must be signed by all applicants or owners of a patent application. However, there are exceptions: For revocation: A power of attorney signed by less than all applicants/owners may be accepted if accompanied by a petition under 37 CFR 1.36(a) and fee, with a showing of sufficient cause. For appointment:…
Read MoreWhat happens to a power of attorney in a continuing patent application?
For applications filed on or after September 16, 2012, 37 CFR 1.32(d) provides that a power of attorney from a prior national application may have effect in a continuing application if: A copy of the power of attorney from the prior application is filed in the continuing application The power of attorney was not granted…
Read MoreCan the filing of an inventor’s oath or declaration be postponed in a nonprovisional application?
Yes, for applications filed on or after September 16, 2012 (except reissue applications), the filing of an inventor’s oath or declaration can be postponed. The MPEP states: For applications filed on or after September 16, 2012 (except reissue applications), applicant may postpone filing the inventor’s oath or declaration until the application is in condition for…
Read MoreWhat are the recommended methods for filing new patent applications with the USPTO?
The USPTO strongly recommends the following methods for filing new patent applications: Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted. Priority Mail Express®: If not filing electronically, use this method in accordance with 37 CFR 1.10 to secure the date of deposit as the filing date. Hand-delivery to the…
Read MoreCan I represent myself in a patent application?
Yes, in most cases. According to MPEP 401, “An applicant for patent, other than a juristic entity (e.g., organizational assignee), may file and prosecute their own application, and thus act as their own representative (pro se) before the Office.” However, there are important considerations: Juristic entities (e.g., companies) must be represented by a patent practitioner…
Read MoreWhat certifications do pro se applicants make when filing patent applications?
Pro se applicants make important certifications when filing patent applications. According to MPEP 401: “In presenting (whether by signing, filing, submitting, or later advocating) papers to the Office, a pro se applicant is making the certifications under 37 CFR 11.18(b), and may be subject to sanctions under 37 CFR 11.18(c) for violations of 37 CFR…
Read MoreWhat 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…
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