When are models or exhibits required in a patent application?
Models or exhibits are generally not required in patent applications unless specific conditions are met. According to MPEP 608.03, models or exhibits are only admitted as part of an application or patent if: They substantially conform to the requirements of 37 CFR 1.52 or 1.84 They are specifically required by the Office They are filed…
Read MoreCan I submit multiple assignment documents with a single cover sheet?
No, you cannot submit multiple assignment documents with a single cover sheet. MPEP 302.07 clearly states: “A patent cover sheet must identify only one patent, and a separate patent cover sheet must be submitted for each patent as to which the assignment document is to be recorded.” This requirement ensures that each assignment is properly…
Read MoreAre drawings always necessary for a patent application?
Drawings are not always necessary for a patent application, but they are required when essential for understanding the invention. According to the MPEP, 35 U.S.C. 113 (first sentence) in turn provides that an ‘applicant shall furnish a drawing where necessary for the understanding of the subject matter sought to be patented.’ The USPTO has specific…
Read MoreWhat happens if an Information Disclosure Statement (IDS) doesn’t comply with USPTO requirements?
If an Information Disclosure Statement (IDS) doesn’t comply with USPTO requirements, it will be placed in the file but not considered by the Office. According to MPEP 609.05(a): Pursuant to 37 CFR 1.97(i), submitted information, filed before the grant of a patent, which does not comply with 37 CFR 1.97 and 37 CFR 1.98 will…
Read MoreWhat are the paper submission requirements for patent assignment documents?
For paper or facsimile submissions of patent assignment documents to the USPTO, the following requirements apply: Either a copy of the original document or an extract of the original document must be submitted Only one side of each page may be used Paper size must be either 21.6 by 27.9 cm (8 1/2 inches by…
Read MoreWhat are the requirements for an abstract in a patent application?
According to 37 CFR 1.72(b), the requirements for an abstract in a patent application are: It must commence on a separate sheet, preferably following the claims. It should be under the heading ‘Abstract’ or ‘Abstract of the Disclosure’. The sheet presenting the abstract should not include other parts of the application. It should be concise,…
Read MoreHow have drawing requirements changed for patent applications filed on or after December 18, 2013?
For non-design patent applications filed on or after December 18, 2013, the drawing requirements have been relaxed. The MPEP states: Applications, which are not design applications, filed under 35 U.S.C. 111(a) or (b) on or after December 18, 2013 are entitled to a filing date even if the application does not contain drawings. However, it’s…
Read MoreWhat are the drawing requirements for patent applications filed before December 18, 2013?
For patent applications filed before December 18, 2013, drawings were generally required to receive a filing date. As stated in the MPEP, For applications filed prior to December 18, 2013, 35 U.S.C. 111(a)(4) and 35 U.S.C. 111(b)(4) each provide, in part, that the ‘filing date… shall be the date on which… any required drawing are…
Read MoreWhat are the requirements for submitting photographs of models or exhibits?
When submitting models or exhibits that are required by the Office or filed with a petition, applicants must include photographs that meet specific criteria. According to MPEP 608.03: Models or exhibits that are required by the Office or filed with a petition under 37 CFR 1.91(a)(3) must be accompanied by photographs that (A) show multiple…
Read MoreWhat documents are required for an assignee to revoke power of attorney in a patent application?
What documents are required for an assignee to revoke power of attorney in a patent application? To revoke power of attorney in a patent application, an assignee must submit specific documents to the USPTO. According to MPEP 402.07, the required documents are: Statement under 37 CFR 3.73(c): This establishes the assignee’s ownership. Revocation of the…
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