How are errors in small entity status excused?
Errors in small entity status can be excused if they were made in good faith. According to 37 CFR 1.28(c): ‘If status as a small entity is established in good faith, and fees as a small entity are paid in good faith, in any application or patent, and it is later discovered that such status…
Read MoreHow does correcting a cover sheet error affect the date of recordation?
The effect on the date of recordation depends on whether the error affects title to the application or patent. According to MPEP 323.01(a): Errors that do not affect title: If the typographical error does not affect title, the Assignment Services Division will correct the Assignment Historical Database and allow the recording party to keep the…
Read MoreWhat happens if a designated domestic representative cannot be found?
If the designated domestic representative cannot be found or if no person has been designated, 35 U.S.C. 293 provides a solution: If the person designated cannot be found at the address given in the last designation, or if no person has been designated, the United States District Court for the Eastern District of Virginia shall…
Read MoreWhat is a domestic representative for foreign patent assignees?
A domestic representative is a person residing within the United States who can be served process or notice of proceedings affecting a patent or rights thereunder on behalf of a foreign assignee. According to MPEP 302.04, An assignee of a patent or patent application who is not domiciled in the United States may, by written…
Read MoreHow often is the Manual of Patent Examining Procedure (MPEP) updated?
The Manual of Patent Examining Procedure (MPEP) is regularly updated to reflect changes in patent laws, rules, and procedures. According to MPEP 101: The Manual is updated periodically to include changes in patent laws and rules and also changes in Patent and Trademark Office procedures. While the MPEP doesn’t specify an exact frequency for updates,…
Read MoreWhat happens to application access restrictions after publication?
Access restrictions on patent applications change significantly after publication. According to MPEP 106, “Of course, after the application has published pursuant to 35 U.S.C. 122(b), the application will be available to the public and any restriction on the inventor to access his or her application previously granted will no longer be in effect.” This means…
Read MoreWhat is the process for obtaining a foreign filing license for a patent application?
The process for obtaining a foreign filing license is part of the USPTO’s screening procedure for patent applications. The MPEP states: A third function of the screening procedure is to process foreign filing license petitions under37 CFR 5.12(a). SeeMPEP § 140. The foreign filing license is automatically granted in most cases as part of the…
Read MoreHow does the USPTO ensure that applications are cleared from secrecy review before issuance?
The USPTO has a specific process to ensure that all applications are cleared from secrecy review before they are issued as patents. According to the MPEP: All applications are required to be cleared from secrecy review before forwarding to issue. If the L&R code on the general information display does not equal 1, then in…
Read MoreWhat steps should be taken to claim the benefit of a prior application’s filing date for a divisional application?
To claim the benefit of a prior application’s filing date for a divisional application, applicants must follow specific procedures. The MPEP ¶ 2.01 provides guidance: Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et…
Read MoreHow are improper CPA requests handled by the USPTO?
The USPTO handles improper Continued Prosecution Application (CPA) requests in the following ways: For utility or plant applications filed on or after July 14, 2003, improper CPA requests are treated as requests for continued examination (RCE) under 37 CFR 1.114 if the application has a filing date on or after June 8, 1995. If the…
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