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 MoreHow is the filing date determined for Priority Mail Express® submissions to the USPTO?
The filing date for Priority Mail Express® submissions is typically determined by the “date accepted” on the Priority Mail Express® mailing label. According to MPEP 513: Office personnel will routinely look to the Priority Mail Express® mailing label, and stamp the “date accepted” or other official USPS notation as the filing date of the correspondence.…
Read MoreWhat are the time limits for responding to a notice under 37 CFR 1.251?
The time limits for responding to a notice under 37 CFR 1.251 vary depending on whether it’s for an application or a patent: For applications: The Office sets a three-month period for reply, which is extendable under 37 CFR 1.136(a) by up to three additional months, for a maximum of six months. For patents: The…
Read MoreWhat are the risks of improperly claiming micro entity status?
Improperly claiming micro entity status can have serious consequences: It may be considered fraud on the USPTO if done knowingly It can result in the patent being held unenforceable Improperly paid fees will need to be corrected, which may include late fees MPEP 509.04 warns: ‘Any attempt to fraudulently establish status as a micro entity,…
Read MoreWhat should I do if there’s a discrepancy between the USPTO filing date and the Priority Mail Express® “date accepted”?
If there’s a discrepancy between the filing date accorded by the USPTO and the “date accepted” on the Priority Mail Express® mailing label, you can file a petition under 37 CFR 1.10(c). MPEP 513 states that such a petition should: Be filed promptly after becoming aware of the discrepancy Include evidence that the Priority Mail…
Read MoreHow does the presence of reserved sections like MPEP 404 affect patent examination?
The presence of reserved sections like MPEP 404 does not directly affect patent examination. These sections are placeholders and do not contain any substantive information or guidance for examiners. However, their existence may indirectly impact the examination process in the following ways: They maintain consistent numbering in the MPEP, aiding navigation and referencing They allow…
Read MoreWhat documents can be recorded with the USPTO related to patent assignments?
According to 37 CFR 3.11, the following documents can be recorded with the USPTO related to patent assignments: Assignments of applications, patents, and registrations Other documents relating to interests in patent applications and patents Documents affecting title to applications, patents, or registrations Licenses, assignments, or other interests of the Government in or under patents or…
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 MoreCan the USPTO help me choose a patent attorney?
No, the USPTO cannot assist in selecting a patent practitioner. According to MPEP 401, “The Office cannot aid in the selection of a patent practitioner.” However, the USPTO does provide resources for finding registered patent attorneys and agents: A listing is available at www.uspto.gov/FindPatentAttorney Applicants can request a list of registered practitioners in their area…
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…
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