What happens if I don’t follow the USPTO’s guidelines for copyright or mask work notices in my patent application?

If you don’t follow the USPTO’s guidelines for including copyright or mask work notices in your patent application, your application may face objections or refusals. According to MPEP 608.01(w):

Any departure from these conditions may result in a refusal to permit the desired inclusion. If the authorization required under condition (C) above does not include the specific language “(t)he (copyright or mask work) owner has no objection to the facsimile reproduction by anyone of the patent document or the patent disclosure, as it appears in the Patent and Trademark Office patent files or records,…” the notice will be objected to as improper by the examiner of the application.

If the examiner maintains the objection upon reconsideration, you may file a petition in accordance with 37 CFR 1.181. To avoid these issues, it’s crucial to carefully follow the guidelines provided in MPEP 608.01(w) and related regulations when including copyright or mask work notices in your patent application.

To learn more:

• Copyright notice guidelines
• Mask work notice guidelines
• Patent application objections
• USPTO compliance