What is the process for recording a name change with the USPTO for patent matters?
While the MPEP section provided does not specifically address name changes, the process for recording a name change for patent matters with the USPTO is similar to recording other documents affecting title. Here are the general steps: Prepare a document evidencing the name change (e.g., a certificate of name change or merger document) Complete a…
Read MoreWhat is the purpose of a title report in patent reexamination?
Title reports play a specific role in patent reexamination procedures. The MPEP mentions: For example, a title report is requested by the Reexamination Preprocessing Staff when a request for reexamination is filed. This suggests that title reports are used to verify the current owner of a patent when a reexamination is initiated, ensuring that the…
Read MoreWhat should applicants do if their patent attorney or agent is suspended?
If an applicant’s patent attorney or agent is suspended, they should take the following steps: File a new power of attorney in the application to have a registered attorney or agent represent them before the Office. Ensure all future papers are signed by authorized parties (see MPEP § 407, Form Paragraph 4.07 for details on…
Read MoreWho can sign papers in a patent application when the attorney is suspended?
When an attorney is suspended, the signing authority for papers in a patent application depends on the filing date: For applications filed before September 16, 2012: All named applicants Assignee of record of an undivided part interest, along with named applicants retaining an interest Assignee of the entire interest A registered patent attorney or agent…
Read MoreHow does the USPTO handle telephone and in-person requests for patent application information?
The USPTO follows a strict procedure for handling telephone and in-person requests for information about unpublished pending or abandoned patent applications: Obtain the caller’s full name, application number, and telephone number Verify the caller’s identity and authority to receive information Check Patent Data Portal or the application file to verify releasable information Return the call…
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 MoreWhat happens if the date of receipt stamp is illegible or missing?
If the date of receipt stamp is illegible or missing, the USPTO will make every effort to determine the correct date of receipt. This may involve examining other evidence, such as postmarks, electronic filing receipts, or other documentation. If the correct date cannot be determined, the USPTO may use the date it was discovered that…
Read MoreHow does the USPTO handle confidential patent assignment information?
How does the USPTO handle confidential patent assignment information? The USPTO generally treats patent assignment records as public information. However, there are provisions for handling confidential information within these records. MPEP 301.01 states: “Assignments and other documents affecting title to applications, patents, and registrations that are recorded in the USPTO are generally open to public…
Read MoreWhat are the consequences of fraudulently establishing small entity status?
Fraudulently establishing small entity status or paying fees as a small entity is considered a serious offense. According to 37 CFR 1.27(h): ‘Any attempt to fraudulently establish status as a small entity or pay fees as a small entity will be considered as a fraud practiced or attempted on the Office.’ The consequences of such…
Read MoreWhat happens to models, exhibits, or specimens after patent prosecution?
After patent prosecution, the handling of models, exhibits, or specimens depends on their nature and the applicant’s wishes. According to MPEP 608.03(a): ‘Upon conclusion of the prosecution of the application, model, exhibit, or specimen, unless the model, exhibit, or specimen has been destroyed during prosecution, the model, exhibit, or specimen may be returned to the…
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