What is the filing date for a nonprovisional patent application?
The filing date for a nonprovisional patent application depends on the type of application and when it was filed: For applications filed on or after December 18, 2013 (except design applications): The filing date is the date when a specification, with or without claims, is received by the USPTO. For design applications: The filing date…
Read MoreWhat are the normal corrective procedures for assignment records?
The USPTO provides normal corrective procedures for assignment records, which are outlined in MPEP 323.01(a) through 323.01(c). These procedures are typically the first course of action for addressing issues in assignment records. The expungement process, as described in MPEP 323.01(d), is only considered when: the normal corrective procedures outlined in MPEP § 323.01(a) through §…
Read MoreWhat is required when notifying the USPTO of a loss of micro entity status?
When notifying the USPTO of a loss of micro entity status, the following requirements must be met: The notification must be filed in the application or patent prior to paying, or at the time of paying, any fee after the date on which micro entity status is no longer appropriate. The notification must be signed…
Read MoreWhat types of numeral changes can be made to patent drawings without applicant’s annotated sheets?
According to MPEP 608.02(w), there are two types of numeral changes that can be made to patent drawings without requiring annotated sheets from the applicant: Changing one or two numerals or figure ordinals Changing Roman Numerals to Arabic Numerals to agree with the specification The MPEP states: As a guide to the examiner, the following…
Read MoreWhat is the difference between an oath and a declaration in patent applications?
An oath is a sworn statement made before a person authorized to administer oaths, while a declaration is a written statement that can be used in lieu of an oath. According to MPEP 602, “A declaration may be submitted in lieu of an oath in any document filed in the Office provided the declaration complies…
Read MoreCan omitting information from an application be considered new matter?
Yes, in some cases, omitting information from a patent application can be considered new matter. This might seem counterintuitive, but the removal of certain information can change the scope or meaning of the invention in a way that wasn’t supported by the original disclosure. The MPEP provides an example: New matter includes not only the…
Read MoreWhat happens if my USPTO deposit account becomes overdrawn?
If your USPTO deposit account becomes overdrawn, several consequences may occur: Account Suspension: The MPEP states, An overdrawn account will be immediately suspended and no charges will be accepted against it until a proper balance is restored, together with a payment of $10 (37 CFR 1.21(b)(1)) to cover the work done by the U.S. Patent…
Read MoreHow is correspondence handled when multiple parties are prosecuting a patent application?
When multiple parties are prosecuting a patent application, the USPTO has specific procedures for handling correspondence. The MPEP states: “Double correspondence will still not be permitted. Accordingly, when the acceptance of such papers results in an attorney or agent and at least one applicant or owner prosecuting the application, correspondence will be mailed to the…
Read MoreWhat are the signature requirements for correspondence in patent applications?
The signature requirements for correspondence in patent applications are outlined in MPEP 502.02. The section states: 37 CFR 1.4(d) sets forth the signature requirements for correspondence filed in the Office. Specifically, 37 CFR 1.4(d) provides that: The signature requirements vary depending on the type of correspondence and the method of submission. Generally, they include: Handwritten…
Read MoreWhat are the requirements for recording a patent assignment document?
What are the requirements for recording a patent assignment document? To record a patent assignment document, you must submit: A copy of the original assignment document A cover sheet identifying the document as an assignment The required fee The MPEP states: ‘The document submitted for recordation must be accompanied by a cover sheet identifying the…
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