What form can I use to file a Notice of Foreign Filing?
The USPTO provides a specific form that can be used to file a Notice of Foreign Filing and/or rescind a nonpublication request. This form is Form PTO/SB/36, as mentioned in MPEP 1124. According to MPEP 1124: “Form PTO/SB/36 (revision April 2001 or later) may be used to both rescind a nonpublication request and provide notice…
Read MoreHow are foreign patent documents organized in the USPTO?
Foreign patent documents in the USPTO are organized differently based on when they were received: Documents received before October 1, 1995: These were typically placed in the shoes in the Technology Center (TCs), organized according to the United States Patent Classification System (USPC) or, less frequently, the International Patent Classification (IPC) system. Documents received after…
Read MoreHow are foreign patent documents classified in the USPTO?
Foreign patent documents are classified in the USPTO according to the following system: Documents published by the European Patent Office (EPO) or the World Intellectual Property Organization (WIPO) are classified only in the International Patent Classification (IPC) system. Other foreign patent documents may be classified in the IPC, the United States Patent Classification (USPC) system,…
Read MoreWhat is the Foreign Patent Access System (FPAS)?
The Foreign Patent Access System (FPAS) is one of the platforms used by the USPTO to make foreign patents available. According to MPEP 903.03, Foreign patents received by the Office after October 1, 1995 are available on the USPTO’s automated search systems, the Foreign Patent Access System (FPAS), Internet sites, and the Scientific and Technical…
Read MoreWhat assistance is available for examiners dealing with foreign-language patents?
Examiners facing language-related challenges with foreign patents can seek assistance from the Translations Service Center within the Scientific and Technical Information Center (STIC). According to MPEP 903.03: Examiners confronted with language problems in classifying foreign-language patents may call upon the Translations Service Center of STIC for assistance (see MPEP § 901.06(a)). In addition, the Translations…
Read MoreWhen is a foreign filing license required for PCT applications?
A foreign filing license is not required to file an international application in the United States Receiving Office. However, it may be required before the applicant or the U.S. Receiving Office can forward a copy of the international application to a foreign patent office, the International Bureau, or other foreign authority. According to MPEP 1832,…
Read MoreWhat role do foreign classifications play in USPTO patent searches?
Foreign classifications play an important role in USPTO patent searches by expanding the scope of the search to include relevant prior art from other countries. According to MPEP 904.02(a): “A proper field of search normally includes the subclass in which the claimed subject matter of an application would be classified in the U.S. Patent Classification…
Read MoreHow do I find out the projected publication date for my patent application?
The projected publication date for your patent application is provided by the USPTO on the filing receipt. As stated in MPEP 1127: “Applicants will be informed of the projected publication date assigned to the application on the filing receipt.” This initial projection helps applicants anticipate when their application will be made public. However, it’s important…
Read MoreCan I file a nonpublication request after submitting my patent application?
No, you cannot file a nonpublication request after submitting your patent application. According to MPEP 1122: “A nonpublication request must be filed upon the filing of the application. This is a statutory requirement and cannot be waived.“ The request must be included with the application papers at the time of filing. It cannot be filed…
Read MoreHow should a Demand be filed with the USPTO?
According to MPEP 1865, Demands filed with the USPTO should preferably be submitted via the USPTO patent electronic filing system (e.g., EFS-Web) by registered e-filers. For those who are not registered users, other acceptable methods must be used. If mailed to the USPTO, the demand should be addressed to: Mailing address for delivery by the…
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