How is correspondence handled when two patent practitioners are appointed for the same application?
When two patent practitioners are appointed for the same application: If appointed simultaneously, the applicant should specify which address to use for correspondence. If a second practitioner is added later, correspondence will be sent to the most recently provided correspondence address. A new power of attorney appointing only the second practitioner effectively revokes the power…
Read MoreWhat happens if a patent application is filed without a correspondence address?
If a patent application is filed without a correspondence address: The USPTO needs a correspondence address to notify the applicant of any missing parts or requirements. If no address is provided, the Office may use the mailing address of the first named inventor as the correspondence address. Without a correspondence address, the applicant is considered…
Read MoreHow can I obtain status information for a patent application?
To obtain status information for a patent application, you can: Check Patent Center or Private Patent Application Information Retrieval (PAIR) on the USPTO website at www.uspto.gov Contact the Application Assistance Unit (AAU) for applications in pre-examination or post-examination processing via email at HelpAAU@uspto.gov, phone at 571-272-4000 or toll-free at 888-786-0101, or visit their website If…
Read MoreWhat is the confidentiality status of patent applications?
Patent applications are generally kept confidential by the USPTO until they are published or granted. As stated in 35 U.S.C. 122(a): “Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner…
Read MoreWhen is a patent application file available to the public?
A patent application file becomes available to the public in the following situations: When the application has issued as a patent or published as a statutory invention registration When the application has been published and subsequently abandoned When the application has been published and is still pending When an unpublished, abandoned application is identified or…
Read MoreWhat information about patent applications can be disclosed to the public?
The USPTO can disclose limited information about patent applications to the public, as outlined in 37 CFR 1.14(a)(2): Whether the application is pending, abandoned, or patented Whether the application has been published The application’s numerical identifier Whether another application claims benefit of the application This information can only be disclosed if the application is identified…
Read MoreWhen are patent applications published?
Patent applications are generally published 18 months after the earliest filing date, with some exceptions. According to 35 U.S.C. 122(b)(1)(A): “Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date…
Read MoreWhat information is considered ‘status information’ for a patent application?
Status information of an application includes: Whether the application is pending, abandoned, or patented Whether the application has been published The application number or the serial number plus any one of the filing date of the national application, the international filing date, or the date of entry into the national stage Whether another application claims…
Read MoreWhat patent application files are open to public inspection?
According to 37 CFR 1.11(a), the following patent application files are open to public inspection: Published applications Patents Statutory invention registrations The public can obtain copies of these files upon payment of the fee set forth in 37 CFR 1.19(b)(2). However, if an application was published in redacted form, the complete file may not be…
Read MoreWhat are the penalties for unauthorized disclosure of patent application information?
Unauthorized disclosure of patent application information can result in severe penalties for USPTO employees. According to the MPEP: “Suspension, removal, and even criminal penalties may be imposed for violations of these statutes.” The relevant statutes include 35 U.S.C. 122 and 18 U.S.C. 2071. Additionally, 18 U.S.C. 2071 states that individuals who willfully and unlawfully conceal,…
Read More