Will the USPTO mail me a paper copy of my published patent application?
No, the USPTO does not mail paper copies of published patent applications to applicants. According to MPEP 1127: “The Office will not mail a paper copy of the patent application publication to the applicant, but will mail a ‘Notice of Publication’ to the applicant indicating that the application has been published when the application is…
Read MoreWhat legal authorities govern the USPTO’s role as an International Preliminary Examining Authority?
The United States Patent and Trademark Office’s (USPTO) role as an International Preliminary Examining Authority (IPEA) is governed by various legal authorities. According to MPEP 1862, these include: PCT Articles: 32(2) & (3), 34(1) PCT Rules: 59.1, 63.1, 72.1, and 77.1(a) U.S. Code: 35 U.S.C. 361(c), 362(a) & (b), and 364(a) Code of Federal Regulations:…
Read MoreHow is the USPTO identified when acting as an International Preliminary Examining Authority?
When the United States Patent and Trademark Office (USPTO) acts as an International Preliminary Examining Authority (IPEA), it is identified in a specific manner. According to 37 CFR 1.416(b) in MPEP 1862: “The United States Patent and Trademark Office, when acting as an International Preliminary Examining Authority, will be identified by the full title “United…
Read MoreHow does the USPTO define “invention” for claim analysis?
The USPTO defines “invention” for claim analysis as follows: “The invention” is defined by the claims. The invention set forth in the claims must be presumed to be that which the applicant regards as his or her invention. This definition is found in MPEP 904.01. It emphasizes that the claims themselves define the invention, and…
Read MoreWhat happens if the USPTO was the International Searching Authority for an international application?
When the USPTO serves as the International Searching Authority (ISA) for an international application, it streamlines the process for international preliminary examination. According to MPEP 1872: “If the USPTO was the International Searching Authority for the international application, the same file used for purposes of the international search will be used for purposes of international…
Read MoreWhich countries can the USPTO conduct international searches for as an International Searching Authority?
The USPTO, as an International Searching Authority, conducts international searches and prepares international search reports and written opinions for a wide range of countries. According to MPEP 1840, these countries include: United States of America Bahrain Barbados Brazil Chile Dominican Republic Egypt Georgia Guatemala India Israel Jordan Mexico New Zealand Oman Panama Peru Philippines Qatar…
Read MoreWhat is the role of the United States Patent and Trademark Office as an International Preliminary Examining Authority?
The United States Patent and Trademark Office (USPTO) serves as an International Preliminary Examining Authority (IPEA) for international patent applications. According to MPEP 1862, the USPTO “will act as an International Preliminary Examining Authority for international applications filed in the United States Receiving Office and in other Receiving Offices as may be agreed upon by…
Read MoreWhat is the agreement between the USPTO and the International Bureau regarding preliminary examination?
The United States Patent and Trademark Office (USPTO) has an agreement with the International Bureau (IB) to serve as an International Preliminary Examining Authority (IPEA). According to MPEP 1862: “An agreement was concluded between the United States Patent and Trademark Office (USPTO) and the International Bureau under which the USPTO agreed to serve as an…
Read MoreHow are international applications assigned for examination at the USPTO?
The assignment of international applications for examination at the USPTO follows a specific process, as outlined in MPEP 1872: “After the PCT International Application Processing Division has finished processing the documents and fees filed with a complete demand, the international application is docketed to an examiner in the appropriate Technology Center for examination.” This means…
Read MoreWhen did the USPTO start using WIPO Standard ST.16 codes?
The United States Patent and Trademark Office (USPTO) began implementing WIPO Standard ST.16 codes on January 2, 2001. As stated in MPEP 901.04(a): On January 2, 2001, the United States Patent and Trademark Office (USPTO) began printing the World Intellectual Property Organization (WIPO) Standard ST.16 code on each of its published patent documents. This change…
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