Editing MPEP 500
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==501 Filing Papers With the U.S. Patent and Trademark Office | ==501 Filing Papers With the U.S.== | ||
Patent | |||
and Trademark Office [R-5] | |||
37 CFR 1.1. Addresses for non-trademark correspondence | |||
with the United States Patent and Trademark Office. | |||
(a)In general. Except as provided in paragraphs (a)(3)(i), | (a)In general. Except as provided in paragraphs (a)(3)(i), | ||
(a)(3)(ii) and (d)(1) of this section, all correspondence intended | (a)(3)(ii) and (d)(1) of this section, all correspondence intended | ||
Line 142: | Line 147: | ||
(f)[Reserved] | (f)[Reserved] | ||
37 CFR 1.4. Nature of correspondence and signature | |||
requirements. | |||
(a)Correspondence with the Patent and Trademark Office | (a)Correspondence with the Patent and Trademark Office | ||
comprises: | comprises: | ||
Line 205: | Line 210: | ||
making or applying a signature not covered by either a handwritten | making or applying a signature not covered by either a handwritten | ||
signature of § 1.4(d)(1) or an Office Electronic Filing System | signature of § 1.4(d)(1) or an Office Electronic Filing System | ||
(EFS) character coded signature of § 1.4(d)(3). Correspondence | (EFS) character coded signature of § | ||
1.4(d)(3). Correspondence | |||
being filed in the Office in paper, by facsimile transmission as | being filed in the Office in paper, by facsimile transmission as | ||
provided in § 1.6(d), or via the Office Electronic Filing System as | provided in § | ||
1.6(d), or via the Office Electronic Filing System as | |||
an EFS Tag(ged) Image File Format (TIFF) attachment, for a | an EFS Tag(ged) Image File Format (TIFF) attachment, for a | ||
patent application, patent, or a reexamination proceeding may be | patent application, patent, or a reexamination proceeding may be | ||
Line 222: | Line 231: | ||
forward slash mark after, the S-signature (e.g., /Dr. James T. | forward slash mark after, the S-signature (e.g., /Dr. James T. | ||
Jones, Jr./); and | Jones, Jr./); and | ||
(ii)A patent practitioner (§ 1.32(a)(1)), signing pursuant | (ii)A patent practitioner (§ 1.32(a)(1)), signing pursuant | ||
Line 314: | Line 325: | ||
signature and the typed or printed name, do not clearly identify | signature and the typed or printed name, do not clearly identify | ||
the person signing. | the person signing. | ||
I.GENERAL MAILING ADDRESSES | I.GENERAL MAILING ADDRESSES | ||
Line 521: | Line 530: | ||
filed a single paper containing distinct subjects, | filed a single paper containing distinct subjects, | ||
inquiries, or orders. | inquiries, or orders. | ||
¶ 5.01.01 Separate Paper Required | |||
The [1] submitted [2] should have been submitted as a separate | |||
paper as required by 37 CFR 1.4(c). The paper has been entered. | |||
However, all future correspondence must comply with 37 CFR | |||
1.4. | |||
Examiner Note: | |||
1. In bracket 1, indicate the item required to be separately submitted, | |||
such as an affidavit, petition, or other appropriate document. | |||
2. If the applicant is a pro se inventor, include a copy of the | |||
rule. | |||
Those who correspond with the USPTO are | Those who correspond with the USPTO are | ||
Line 570: | Line 595: | ||
intended. | intended. | ||
502Depositing Correspondence [R-5] | |||
37 CFR 1.5. Identification of patent, patent application, or | |||
(a) No correspondence relating to an application should be | patent-related proceeding. | ||
(a)No correspondence relating to an application should be | |||
filed prior to receipt of the application number from the Patent and | filed prior to receipt of the application number from the Patent and | ||
Trademark Office. When a letter directed to the Patent and Trademark | Trademark Office. When a letter directed to the Patent and Trademark | ||
Line 604: | Line 631: | ||
Office concerning applications for patent should also state the | Office concerning applications for patent should also state the | ||
name of the applicant, the title of the invention, the date of filing | name of the applicant, the title of the invention, the date of filing | ||
the same, and, if known, the group art unit or other unit within the | the same, and, if known, the group art unit or other unit within the | ||
Patent and Trademark Office responsible for considering the letter | Patent and Trademark Office responsible for considering the letter | ||
Line 609: | Line 642: | ||
assigned. | assigned. | ||
(b) When the letter concerns a patent other than for purposes | (b)When the letter concerns a patent other than for purposes | ||
of paying a maintenance fee, it should state the number and date | of paying a maintenance fee, it should state the number and date | ||
of issue of the patent, the name of the patentee, and the title of the | of issue of the patent, the name of the patentee, and the title of the | ||
Line 615: | Line 648: | ||
a patent, see the provisions of § 1.366(c). | a patent, see the provisions of § 1.366(c). | ||
(c) [Reserved] | (c)[Reserved] | ||
(d)A letter relating to a reexamination proceeding should | (d)A letter relating to a reexamination proceeding should | ||
Line 623: | Line 656: | ||
examiner to which it been assigned. | examiner to which it been assigned. | ||
(e) [Reserved] | (e)[Reserved] | ||
(f)When a paper concerns a provisional application, it | (f)When a paper concerns a provisional application, it | ||
should identify the application as such and include the application | should identify the application as such and include the application | ||
number. | number. | ||
37 CFR 1.6. Receipt of correspondence. | |||
(a)Date of receipt and Express Mail date of deposit. Correspondence | |||
(a) Date of receipt and Express Mail date of deposit. Correspondence | |||
received in the Patent and Trademark Office is | received in the Patent and Trademark Office is | ||
stamped with the date of receipt except as follows: | stamped with the date of receipt except as follows: | ||
Line 644: | Line 676: | ||
Sundays, or Federal holidays within the District of Columbia. | Sundays, or Federal holidays within the District of Columbia. | ||
(2)Correspondence filed in accordance with § 1.10 will | (2)Correspondence filed in accordance with § | ||
1.10 will | |||
be stamped with the date of deposit as “Express Mail” with the | be stamped with the date of deposit as “Express Mail” with the | ||
United States Postal Service. | United States Postal Service. | ||
Line 670: | Line 704: | ||
complete transmission is received in the United States Patent and | complete transmission is received in the United States Patent and | ||
Trademark Office, unless that date is a Saturday, Sunday, or Federal | Trademark Office, unless that date is a Saturday, Sunday, or Federal | ||
holiday within the District of Columbia. See § 1.6(a)(3). To | holiday within the District of Columbia. See § | ||
1.6(a)(3). To | |||
facilitate proper processing, each transmission session should be | facilitate proper processing, each transmission session should be | ||
limited to correspondence to be filed in a single application or | limited to correspondence to be filed in a single application or | ||
Line 685: | Line 721: | ||
original signature; | original signature; | ||
(2)Certified documents as specified in § 1.4(f); | (2)Certified documents as specified in § | ||
1.4(f); | |||
(3)Correspondence which cannot receive the benefit of | (3)Correspondence which cannot receive the benefit of | ||
the certificate of mailing or transmission as specified in | the certificate of mailing or transmission as specified in | ||
§ 1.8(a)(2)(i)(A) through (D) and (F), and § 1.8(a)(2)(iii)(A), | § | ||
except that a continued prosecution application under § 1.53(d) | |||
1.8(a)(2)(i)(A) through (D) and (F), and § | |||
1.8(a)(2)(iii)(A), | |||
except that a continued prosecution application under § | |||
1.53(d) | |||
may be transmitted to the Office by facsimile; | may be transmitted to the Office by facsimile; | ||
Line 701: | Line 745: | ||
(6)Correspondence to be filed in a patent application | (6)Correspondence to be filed in a patent application | ||
subject to a secrecy order under §§ 5.1 through 5.5 of this chapter | subject to a secrecy order under §§ | ||
5.1 through 5.5 of this chapter | |||
and directly related to the secrecy order content of the application; | and directly related to the secrecy order content of the application; | ||
Line 714: | Line 760: | ||
(f)Facsimile transmission of a patent application under | (f)Facsimile transmission of a patent application under | ||
§ 1.53(d). In the event that the Office has no evidence of receipt of | § | ||
an application under § 1.53(d) (a continued prosecution application) | |||
1.53(d). In the event that the Office has no evidence of receipt of | |||
an application under § | |||
1.53(d) (a continued prosecution application) | |||
transmitted to the Office by facsimile transmission, the party | transmitted to the Office by facsimile transmission, the party | ||
who transmitted the application under § 1.53(d) may petition the | who transmitted the application under § 1.53(d) may petition the | ||
Line 726: | Line 776: | ||
(i)Informs the Office of the previous transmission of | (i)Informs the Office of the previous transmission of | ||
the application under § 1.53(d) promptly after becoming aware | the application under § | ||
1.53(d) promptly after becoming aware | |||
that the Office has no evidence of receipt of the application under | that the Office has no evidence of receipt of the application under | ||
§ 1.53(d); | § 1.53(d); | ||
Line 735: | Line 787: | ||
(iii)Includes a statement which attests on a personal | (iii)Includes a statement which attests on a personal | ||
knowledge basis or to the satisfaction of the Director to the previous | knowledge basis or to the satisfaction of the Director to the previous | ||
transmission of the application under § 1.53(d) and is accompanied | transmission of the application under § | ||
1.53(d) and is accompanied | |||
by a copy of the sending unit’s report confirming | by a copy of the sending unit’s report confirming | ||
transmission of the application under § 1.53(d) or evidence that | transmission of the application under § 1.53(d) or evidence that | ||
came into being after the complete transmission and within one | came into being after the complete transmission and within one | ||
business day of the complete transmission of the application under | business day of the complete transmission of the application under | ||
§ 1.53(d). | § | ||
1.53(d). | |||
(2)The Office may require additional evidence to determine | (2)The Office may require additional evidence to determine | ||
if the application under § 1.53(d) was transmitted to and | if the application under § | ||
1.53(d) was transmitted to and | |||
received in the Office on the date in question. | received in the Office on the date in question. | ||
All applications (provisional and nonprovisional) | All applications (provisional and nonprovisional) | ||
may be sent to the U.S. Patent and Trademark Office | may be sent to the U.S. Patent and Trademark Office | ||
by mail (see MPEP § 501), or they may be hand-car | by mail (see MPEP § 501), or they may be hand-car | ||
ried to the Customer Service Window. New utility | ried to the Customer Service Window. New utility | ||
patent applications and provisional applications can | patent applications and provisional applications can | ||
Line 760: | Line 823: | ||
only), amendments, and other papers may be sent to | only), amendments, and other papers may be sent to | ||
the U.S. Patent and Trademark Office by mail (see | the U.S. Patent and Trademark Office by mail (see | ||
MPEP § 501), by facsimile (see MPEP § 502.01) or | MPEP § 501), by facsimile (see MPEP § | ||
502.01) or | |||
hand-carried to the Customer Service Window. Any | hand-carried to the Customer Service Window. Any | ||
correspondence sent to the U.S. Patent and Trademark | correspondence sent to the U.S. Patent and Trademark | ||
Line 793: | Line 858: | ||
letters, petitions for extension of time, and other petitions. | letters, petitions for extension of time, and other petitions. | ||
It would be of great assistance to the Office if | |||
It would be of great assistance to the Office if allincoming papers pertaining to a filed application carried | |||
the following items: | the following items: | ||
Line 810: | Line 876: | ||
(F)Confirmation number (see MPEP § 503). | (F)Confirmation number (see MPEP § 503). | ||
Applicants may be reminded of this provision by | |||
including form paragraph 5.01. | |||
¶ 5.01 Proper Heading for Incoming Papers | |||
It would be of great assistance to the Office if all incoming | |||
papers pertaining to a filed application carried the following | |||
items: | |||
1. Application number (checked for accuracy, including series | |||
code and serial no.). | |||
2. Art Unit number (copied from most recent Office communication). | |||
3. Filing date. | |||
4. Name of the examiner who prepared the most recent Office | |||
action. | |||
5. Title of invention. | |||
6. Confirmation number (see MPEP § 503). | |||
The Office prefers identifying indicia to be provided | The Office prefers identifying indicia to be provided | ||
Line 842: | Line 932: | ||
sequence requirements should be filed in the Office | sequence requirements should be filed in the Office | ||
with materials submitted in reply to the statutory or | with materials submitted in reply to the statutory or | ||
regulatory requirements. Examples are certified | regulatory requirements. Examples are certified cop | ||
ies of foreign documents to support priority in patent | |||
applications, changes of power of attorney, or changes | applications, changes of power of attorney, or changes | ||
in mailing address following first action. | in mailing address following first action. | ||
Line 852: | Line 950: | ||
I.POST ALLOWANCE CORRESPONDENCE | I.POST ALLOWANCE CORRESPONDENCE | ||
All post allowance correspondence, except for | |||
All post allowance correspondence, except for | |||
petitions under 37 CFR 1.313(c), should be addressed | petitions under 37 CFR 1.313(c), should be addressed | ||
“Mail Stop Issue Fee.” Any petition filed under 37 | “Mail Stop Issue Fee.” Any petition filed under 37 | ||
Line 947: | Line 1,046: | ||
South Tower Building, 2900 Crystal Drive, Arlington, | South Tower Building, 2900 Crystal Drive, Arlington, | ||
VA 22202. | VA 22202. | ||
(D)Office of General Counsel - Correspondence | (D)Office of General Counsel - Correspondence | ||
Line 1,051: | Line 1,155: | ||
account replenishments, and maintenance fee payments | account replenishments, and maintenance fee payments | ||
may be hand-carried to the Office of Finance | may be hand-carried to the Office of Finance | ||
receptionist in Suite 300 of the Carlyle Place | receptionist in Suite 300 of the Carlyle Place Build | ||
ing, 2051 Jamieson Ave., Alexandria, VA 22314. | |||
Hand-carried correspondence will only be accepted, | Hand-carried correspondence will only be accepted, | ||
and not processed. Although the receptionist will not | and not processed. Although the receptionist will not | ||
Line 1,107: | Line 1,219: | ||
Mailing procedure of 37 CFR 1.10. | Mailing procedure of 37 CFR 1.10. | ||
502.01Correspondence Transmitted byFacsimile [R-5] | |||
37 CFR 1.6. Receipt of correspondence. | 37 CFR 1.6. Receipt of correspondence. |