What happens to papers received after a patent application is patented or abandoned?
According to MPEP 508.02, after a patent application is either patented or abandoned, any incoming communication that is not intended to become part of the official record will be returned to the sender. The MPEP states: “After an application is patented or abandoned, any incoming communication which is not to become part of the record…
Read MoreHow can I correct information in an Application Data Sheet (ADS) after submission?
How can I correct information in an Application Data Sheet (ADS) after submission? To correct information in an Application Data Sheet (ADS) after submission, you must follow specific procedures outlined in the MPEP: “If an ADS has been previously submitted, the ADS provided with a continuing application, reissue application, or reexamination proceeding should be marked…
Read MoreHow does a foreign assignee designate a domestic representative?
To designate a domestic representative, a foreign assignee must follow these steps: Prepare a written document signed by the assignee Clearly label the document as ‘Designation of Domestic Representative’ Submit the designation as a separate paper from any assignment document Ensure the document is signed in accordance with 37 CFR 1.33(b) As stated in MPEP…
Read MoreWhat should be done with papers pertaining to property rights under the Atomic Energy Act or National Aeronautics and Space Act?
Papers related to property rights under the Atomic Energy Act or National Aeronautics and Space Act require special handling. According to MPEP 150: Any papers pertaining to property rights under section 152 of the Atomic Energy Act, 42 U.S.C. 2182, (DOE), or section 305(c) or the National Aeronautics and Space Act, 42 U.S.C. 2457, (NASA),…
Read MoreHow are defective property rights statements handled by the USPTO?
The USPTO has a process for handling defective property rights statements submitted in response to DOE or NASA review requests. According to MPEP 150: If the statement submitted during this period is defective, another letter is sent from Licensing and Review detailing the deficiencies and giving applicant another opportunity to respond during this period of…
Read MoreWhat are annotated sheets in patent drawings?
Annotated sheets in patent drawings are marked-up copies of drawings that show proposed changes to the original drawings. According to MPEP 608.02(v), “When changes are to be made in the drawing itself, other than mere changes in reference characters, designations of figures, or inking over lines pale and rough, a marked-up copy of the drawing…
Read MoreIs designating a domestic representative mandatory for foreign patent assignees?
While designating a domestic representative is not mandatory, it is highly recommended for foreign patent assignees. According to MPEP 302.04, An assignee of a patent or patent application who is not domiciled in the United States may, by written document signed by such assignee, designate a domestic representative. The use of ‘may’ indicates that this…
Read MoreHow should priority papers be marked to ensure proper processing?
To ensure proper processing of priority papers, the MPEP recommends marking them with specific information. According to MPEP 215.03: It is suggested that a notation of the application number of the corresponding U.S. application be placed on the priority papers when such papers are not submitted via a priority document exchange program. Such notation should…
Read MoreWhat information must be included in the itemization for a micro entity fee deficiency payment?
According to 37 CFR 1.29(k)(1), the itemization for a micro entity fee deficiency payment must include: Each type of fee erroneously paid as a micro entity The current fee amount for a small or non-small entity The micro entity fee actually paid and the date of payment The deficiency owed amount for each fee The…
Read MoreWhat happens if a new power of attorney is filed listing only one of two previously appointed patent practitioners?
When a new power of attorney is filed that lists only one of two previously appointed patent practitioners, it has significant implications. According to MPEP 403.02: “Note that if the later-filed power of attorney only lists the second practitioner, the later-filed power of attorney serves as a revocation of the earlier-filed power of attorney, even…
Read More