What information can be obtained about a pending application under MPEP 102?
Under MPEP 102, limited information about a pending application can be obtained, including: Application number Filing date Whether the application has been published Whether the application has been assigned Power of attorney Name of the examiner to whom the application is assigned Status of the application (e.g., pending, abandoned, or issued) Group art unit number…
Read MoreHow can USPTO personnel determine the current location or status of an application?
USPTO personnel should use Patent Data Portal to determine the current location or status of an application. For Image File Wrapper (IFW) applications, no location is associated with the file. As stated in MPEP 102: When it is desired to determine the current location or status of an application, Office personnel should use Patent Data…
Read MoreCan failure to pay the issue fee result in an abandoned patent application?
Yes, failure to pay the issue fee can result in an abandoned patent application. MPEP 203.05 explicitly states that an abandoned application includes one removed from the Office docket for failure to pay the issue fee (MPEP § 711 to § 711.05). This means that even if an application has been approved for issuance, if…
Read MoreWhat happens to an application after it becomes abandoned?
After an application becomes abandoned, it is no longer pending and is removed from the USPTO’s active files. The application file, however, is retained in storage for a period as determined by the USPTO. During this retention period, certain actions may still be possible: 1. The applicant may file a petition to revive the application…
Read MoreHow does the USPTO define an abandoned patent application?
The United States Patent and Trademark Office (USPTO) defines an abandoned patent application through the Manual of Patent Examining Procedure (MPEP) 203.05. According to this section, an abandoned application is defined as: An abandoned application is, inter alia, one which is removed from the Office docket of pending applications This removal from the docket can…
Read MoreWhen is a provisional patent application considered abandoned?
A provisional patent application is considered abandoned no later than 12 months after its filing date. MPEP 203.05 states that an abandoned application includes, in the case of a provisional application, no later than 12 months after the filing date of the provisional application (see MPEP § 711.03(c) and 35 U.S.C. 111(b)(5)). This means that…
Read MoreWhat are the main reasons for patent application abandonment?
According to MPEP 203.05, there are four main reasons for patent application abandonment: Formal abandonment by the applicant or their representative Failure of the applicant to take appropriate action during prosecution Failure to pay the issue fee For provisional applications, the passage of 12 months from the filing date The MPEP states: An abandoned application…
Read MoreHow can I check the status of my patent application?
You can check the status of your patent application through several methods: Patent Center: This platform provides information on issued patents, published patent applications, and applications claiming domestic benefit. Private PAIR (Patent Application Information Retrieval): For unpublished applications, applicants or their registered representatives can securely track progress. Note that a Customer Number must be associated…
Read MoreWhat are the recommended methods for checking application status?
What are the recommended methods for checking application status? The USPTO recommends several methods for checking application status: Patent Application Information Retrieval (PAIR) system: This is the primary method for checking application status online. PAIR provides real-time access to the status of patent applications. USPTO Call Center: For those who cannot access the Internet, the…
Read More