Can copies of models or exhibits be obtained from the USPTO?
Generally, the USPTO does not provide copies of models or other physical exhibits. This policy is outlined in 37 CFR 1.95, which states: Copies of models or other physical exhibits will not ordinarily be furnished by the Office, and any model or exhibit in an application or patent shall not be taken from the Office…
Read MoreCan I request partial access to a patent assignment document?
No, the USPTO does not allow partial access to patent assignment documents. According to MPEP 301.01: “The Office will not open only certain parts of an assignment document to public inspection. If such a document contains two or more items, any one of which, if alone, would be open to such inspection, then the entire…
Read MoreCan the USPTO release drawings for correction?
No, the USPTO does not release drawings for correction. According to MPEP 608.02(b), which cites 37 CFR 1.85(b): The Office will not release drawings for purposes of correction. If corrections are necessary, new corrected drawings must be submitted within the time set by the Office. This means that applicants must submit new, corrected drawings rather…
Read MoreHow does the USPTO treat conditional assignments?
The USPTO treats conditional assignments as absolute assignments for Office purposes. According to 37 CFR 3.56: “Assignments which are made conditional on the performance of certain acts or events, such as the payment of money or other condition subsequent, if recorded in the Office, are regarded as absolute assignments for Office purposes until canceled with…
Read MoreHow does the USPTO treat preliminary amendments filed on or after September 21, 2004?
For patent applications filed on or after September 21, 2004, the United States Patent and Trademark Office (USPTO) has a specific policy regarding preliminary amendments. According to MPEP 608.04(b): For applications filed on or after September 21, 2004, the Office will automatically treat any preliminary amendment under 37 CFR 1.115(a)(1) that is present on the…
Read MoreWhat is the USPTO’s policy on indexing additional patent numbers against a previously recorded document?
The USPTO does not process requests for indexing or cross-referencing additional patent numbers or application numbers against a document previously recorded in the Assignment Division, unless it’s an assignment. This policy is based on compliance with 37 CFR 3.11, 3.28, and 3.31. As stated in MPEP 315: “The Office does not process requests for ‘indexing’…
Read MoreCan a patent practitioner appoint a substitute to take over after their death?
No, a patent practitioner cannot appoint a substitute to take over their cases after death. The MPEP 406 clearly states: “The patent practitioner may not appoint a ‘substitute’ and any attempt by the patent practitioner to appoint a ‘substitute’ patent practitioner whose power is intended to survive his or her own will not be recognized…
Read MoreCan partial access be granted to an assignment document?
The USPTO does not grant partial access to assignment documents. According to MPEP 301.01: The Office will not open only certain parts of an assignment document to public inspection. If such a document contains two or more items, any one of which, if alone, would be open to such inspection, then the entire document will…
Read MoreCan recorded assignment documents be expunged if found to be invalid?
No, recorded assignment documents will not be expunged even if they are subsequently found to be invalid. The USPTO’s policy is to maintain a complete history of claimed interests in property. As stated in the MPEP: “Office policy regarding recordation of assignment documents is directed toward maintaining a complete history of claimed interests in property…
Read MoreCan I submit original documents for recording patent assignments?
No, you should not submit original documents for recording patent assignments. The USPTO explicitly states: “The United States Patent and Trademark Office will accept and record only a copy of an original assignment or other document. See MPEP § 317. The document submitted for recordation will not be returned to the submitter.” It’s crucial to…
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