What is the purpose of the file wrapper in a patent application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The file wrapper, also known as the prosecution history, serves several important purposes in a patent application:
- It contains a complete record of all proceedings in the USPTO related to the application.
- It provides a chronological history of the examination process.
- It includes all official correspondence between the applicant and the USPTO.
- It is used to interpret the claims and determine the scope of the patent.
As stated in MPEP 719: “The folder in which the U.S. Patent and Trademark Office maintains the application papers is referred to as a file wrapper.” This file wrapper is crucial for understanding the evolution of the patent application and can be instrumental in potential future legal proceedings.