How are Congressional and other official inquiries about patent applications handled?
Congressional and other official inquiries about patent applications are handled through specific channels at the USPTO. According to MPEP 203.08(a): Correspondence and inquiries from the White House, Members of Congress, embassies, and heads of Executive departments and agencies normally are cleared by the USPTO’s Office of Policy and International Affairs and/or the Office of Governmental…
Read MoreHow can I access information about an unpublished patent application?
Access to information about unpublished patent applications is generally restricted. However, according to MPEP 101, there are specific circumstances under which such information may be accessed: If you are the applicant, an inventor, the assignee of record, or the attorney or agent of record, you may be able to access information about the application. If…
Read MoreHow does the USPTO handle changes in ownership of patents?
How does the USPTO handle changes in ownership of patents? The USPTO handles changes in ownership of patents through a process of recording assignments. According to MPEP 301: “The assignment of a patent, or patent application, is the transfer of the entire right, title and interest therein. An assignment of an application may be made…
Read MoreWhat is the difference between recording an assignment and registering a trademark?
What is the difference between recording an assignment and registering a trademark? Recording an assignment for a patent or trademark application is different from registering a trademark. Here are the key distinctions: Recording an assignment: This process involves documenting the transfer of ownership rights for a patent or trademark application. It’s done through the USPTO’s…
Read MoreWhat is the process for correcting errors in recorded assignment documents?
What is the process for correcting errors in recorded assignment documents? The process for correcting errors in recorded assignment documents involves the following steps: For minor errors: You can file a corrective document stating the nature of the error, along with the required fee. For more significant errors: You may need to file a new…
Read MoreWhat happens if I don’t record an assignment with the USPTO?
What happens if I don’t record an assignment with the USPTO? Failing to record an assignment with the USPTO can have significant legal implications. According to MPEP 302: “An assignment, grant, or conveyance of a patent or application shall be void as against any subsequent purchaser or mortgagee for valuable consideration, without notice, unless it…
Read MoreCan I record an assignment for a pending patent application?
Can I record an assignment for a pending patent application? Yes, you can record an assignment for a pending patent application. In fact, the USPTO encourages early recordation of assignments. According to MPEP 302: An assignment relating to a patent must identify the patent by the patent number. An assignment relating to a national patent…
Read MoreWhat is the process for correcting assignee information on an issued patent?
To correct assignee information on an issued patent, you must follow these steps: Submit a request for a certificate of correction under 37 CFR 1.323. Ensure that a request under 37 CFR 3.81(b) has been granted. Confirm that the assignment was submitted for recordation before the patent was issued. According to MPEP 307: “A request…
Read MoreHow does the USPTO handle requests for early delivery of patents?
How does the USPTO handle requests for early delivery of patents? The USPTO has a specific process for handling requests for early delivery of patents. According to MPEP 308: “Ordinarily the patent grant is delivered to the correspondence address of record. However, a patentee may request in writing before the issue date that the patent…
Read MoreWhat happens if there’s an error in the patent grant?
What happens if there’s an error in the patent grant? Errors in patent grants are addressed through a specific process outlined in MPEP 308. The manual states: “If the Office discovers that an error exists in the patent grant, the patentee will be notified and required to submit a request for a certificate of correction.”…
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