What happens to a provisional application after one year?
What happens to a provisional application after one year? A provisional application automatically becomes abandoned 12 months after its filing date. The MPEP 201.04 states: ‘A provisional application will automatically be abandoned 12 months after its filing date and will not be subject to revival to restore it to pending status thereafter.’ This means that…
Read MoreHow can I access published patent applications?
Published patent applications are accessible electronically through various means: On the USPTO website Via Patent Center for status information Through Image File Wrapper (IFW) system for scanned applications As stated in the MPEP, “Published applications that have been scanned into the Image File Wrapper (IFW) system may be available electronically via Patent Center. See 37…
Read MoreWhat happens if a patent application is filed with the USPTO containing what appears to be national security markings?
For applications filed with apparent national security markings, the USPTO will: Notify the applicant via Licensing and Review Ask the applicant to either: Explain the markings Remove improper markings Obtain a Secrecy Order if necessary Potentially refer the application to a defense agency for review under 35 U.S.C. 181 second paragraph if improper markings are…
Read MoreWhat does it mean when an MPEP section is marked as [Reserved]?
When an MPEP section is marked as [Reserved], it indicates that the section number exists but there is currently no content provided for that section. The MPEP states in section 212: 212 [Reserved] [R-]
Read MoreHow do I fill out the cover sheet when correcting an erroneous assignment or name change?
When submitting a corrected cover sheet to address an erroneous assignment or name change, follow these instructions from MPEP 323.01(c): Check the box titled ‘Other’ in the ‘Nature of Conveyance’ section. Indicate that the submission is to correct an error in a previously recorded document that erroneously affects the identified application(s) or patent(s). Write the…
Read MoreWhat happens if a foreign patent agent’s limited recognition expires?
What happens if a foreign patent agent’s limited recognition expires? If a foreign patent agent’s limited recognition expires, they are no longer authorized to represent applicants before the USPTO. The MPEP states, A foreign patent agent granted limited recognition may continue to represent applicants for the remainder of any time period previously set by the…
Read MoreCan a foreign patent agent with limited recognition represent applicants in all USPTO matters?
Can a foreign patent agent with limited recognition represent applicants in all USPTO matters? No, a foreign patent agent with limited recognition cannot represent applicants in all USPTO matters. The MPEP clearly states that A foreign patent agent granted limited recognition may not represent applicants or parties in trademark matters, ex parte or inter partes…
Read MoreHow does government funding affect small entity status?
How does government funding affect small entity status? Government funding can impact small entity status, particularly for universities and small businesses. The MPEP 509.03 provides guidance: A small business concern or nonprofit organization is not disqualified as a small entity because of a license to the Federal government pursuant to 35 U.S.C. 202(c)(4). This means:…
Read MoreWhat happens if a faxed assignment document is not recordable by the USPTO?
If the USPTO determines that a faxed assignment document is not recordable, there’s a specific process outlined in MPEP 302.09: The entire document, including the cover sheet, is returned to the sender via fax. A ‘Notice of Non-Recordation’ is included with the returned document. The sender can make corrections and resubmit the document. Resubmission must…
Read MoreHow does employment at an institution of higher education affect micro entity status?
How does employment at an institution of higher education affect micro entity status? Employment at an institution of higher education can provide a pathway to micro entity status. The MPEP states: “A micro entity shall also include an applicant who certifies that: (1) The applicant’s employer, from which the applicant obtains the majority of the…
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