33. 31. Can I add new subject matter, such as additional details, after I have filed a patent application (any type of patent application)? Patent statutes and regulations should be consulted before attempting to apply for a patent. Answer: Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. To be acceptable, such photographs must be of sufficient quality so that all details in the photographs are reproducible in the printed patent. The IAC cannot give an opinion as to whether an invention is patentable, conduct patent searches or other intellectual property research, or provide specific line-by-line completion of forms (but can provide direction). Find out how to protect intellectual property in other countries. If extensions of time are available, you may request an extension of time by submitting form, Answer: A customer number is a unique number created by the USPTO and is used to designate the correspondence address for your patent application(s). Answer: Generally, there are five (5) items that you should submit when filing a provisional patent application. Advising applicants on substantive examination issues, such as the acceptability of specimens and classification of goods and services. Answer: No. A news broadcast-style video series that explains the federal trademark application process from beginning to end. MyUSPTO is a single place for you to actively manage your intellectual property portfolio. Answer: You may mail your reply using the U.S. Upon dialing either of the above telephone numbers, you will first reach an automated information system. Although TAC may not give legal advice, it can answer general questions about the trademark process and our Trademark Electronic Application System (TEAS) forms. Patent Center Beta, a new tool for electronic filing and management of patent applications, is available for all users and features a training mode to practice filing in DOCX or PDF formats. There are no maintenance fees for plant patents. The claim or claims must particularly point out and distinctly claim the subject matter that the inventor or inventors regard as the invention. Do I need to provide income tax records or other documentation? Note: While a response to an Office action may be sent by facsimile to the USPTO’s Official Fax Number, there are some situations in which facsimile transmissions are not permitted. 4. Attention System Maintenance: Certified Copy Center will be unavailable Friday, January 8, 10:00 pm ET – 8:00 am ET on Saturday, January 9, 2021 due to system maintenance. If your application was filed before September 16, 2012: Use form PTO/SB/81 to appoint one or more patent practitioners. We would like to know what you found helpful about this page. More information is available at. A properly signed response and the required items, including any fees, must be received within the time period for reply that is set forth in the notice or must be mailed/transmitted within the time period for reply together with a proper certificate of mailing or transmission (Form PTO/SB/92). What to know before you file an application. File with the USPTO electronically. We are closed on weekends and the following federal holidays: New Year’s Day Memorial Day Columbus Day, Martin Luther King Jr.’s birthday Independence Day Veterans Day, Washington's birthday Labor Day Thanksgiving Day. Answer: No. Postal Service with sufficient postage as first class mail and include a Certificate of Mailing or Transmission form (PTO/SB/92). USPTO - United States Patent and Trademark Office, Madrid Protocol & international protection, Checking application status & viewing documents, Checking registration status & viewing documents, Enforcing your trademark rights/trademark litigation, International intergovernmental organizations, Transferring ownership / Assignments help, Patent and Trademark Resource Centers (PTRC), Scientific and Technical Information Center (STIC), General information about registering a trademark, Updates on the status of trademark applications and registrations, Answers to case-specific questions about an application or registration, Help navigating electronic forms and systems. These forms are available on the USPTO website on the patents forms page. Can I make changes to the drawings I have already submitted? An amended drawing must be labeled “Replacement Sheet” in the top margin and the replacement sheet must contain the same number of figures, even if only one of the figures is being amended. What subject matter may be covered by a design patent? Learn about our current legislative initiatives. Postal Service with sufficient postage as first class mail and include a Certificate of Mailing or Transmission form (, You may also fax your reply to the USPTO and include a Certificate of Mailing or Transmission form (. Answer: Underline information that is being added, and strike-through or bracket (e.g., [bracket]) information that is being deleted. Idea Management & Patent Assistance Corp. of Stoneham, Mass, Innovation Center. If you have thoroughly reviewed the TESS online help (accessed through HELP link, above) and still have a question (or comment or suggestion), you may e-mail TESS@uspto.gov. Check trademark application status and view all documents associated with an application/registration. The Pro Se Assistance Program is a program at the USPTO's Office of Innovation Development (OID) which offers customer service to applicants / inventors seeking assistance in filing patent applications without legal representation. The petition fee associated with your extension of time depends on your Entity status (Micro/Small/Large) and the number of months being requested. Answer: To qualify for micro entity status under the gross income basis, you must meet the gross income limit as well as the application filing limit as noted on form. Use form. A certified copy of a foreign priority document is required by statute. The subject matter of a design patent application may relate to the configuration or shape of an article, the surface ornamentation applied to an article, or the combination of configuration and surface ornamentation. If you send in your application any other way (e.g., first class mail, certified mail, delivery by a delivery service), the filing date of your application papers will be the date the application papers are received at the USPTO headquarters in Alexandria, Virginia, provided that the application papers satisfy the requirements for a filing date. The Patent and Trademark Resource Center at Oklahoma State University is a partner with the U.S. Patent and Trademark Office. Answer: The term of a design patent is 15 years from the date of patent grant for design patent applications filed on or after 5/13/2015 or 14 years from date of patent grant for design patent applications that were filed before 5/13/2015. How long does patent protection last once my design patent is granted? The claim shall be in formal terms to the plant as shown and described. How is Patent Assistance Center (USPTO) abbreviated? Track patent applications and grants, check trademark registrations and statuses, and access our services in your personalized USPTO gateway. Inc 5130 MacArthur Blvd or 4545 42d Street NW, Washington DC (now, according to one client, moved to Florida) Innovative Patent Services; International Licensing Corporation, Inc. of Reston, Virginia; International Inventor's Club: Green Tree, PA. The text must be a nonscript font (e.g., Arial, Times Roman, or Courier), preferably with a font size of 12, and spacing between lines must be 1.5 or double spaced. For other assistance, please see our contact us page. The specification should include at least one claim. If the filing date of your application is on or after September 16, 2012: Use form AIA/82 to appoint one or more patent practitioners. USPTO Subscription Center Subscribe, unsubscribe, or change your email preferences To subscribe or get more information on the newsletter or email alerts below, enter your email address below and click “Submit.” You will not be subscribed until you choose your subscriptions from the next page. Unless the USPTO receives the priority document through the electronic priority document exchange (PDX) program, a certified copy of a foreign priority document must be mailed to, or hand-carried to the USPTO. The USPTO is determined to continue its mission to provide predictable and reliable patent rights in accordance with this rapidly evolving area of the law. What should I use for the “Title of Invention”? A provisional application also establishes an official United States patent application filing date for the invention. Answer: Yes, in certain situations where the invention resides both in its utility and its ornamental appearance, both a utility patent application and a design patent application may be filed on an article. Information regarding a petition to withdraw the holding of abandonment based on failure to receive an Office action is available on the USPTO website at 06 - Withdrawal of abandonment based on failure to receive an office action. Answer: You should carefully review the Office action or notice to determine if extensions of time are available and what is the maximum extension of time that may be obtained. If you have intellectual property that could be patented, the use of an attorney or agent who is qualified to represent you in the USPTO is advised. Answer: The USPTO has power of attorney forms available on its patents forms web page. Answer: No, however you can search for a registered patent practitioner (i.e., patent attorney or patent agent) located in your area, e.g., by city and state, at Finding a registered patent practitioner on the USPTO website. Generally, the necessary forms include: 19. Answer: No. Although TAC may not give legal advice, it can answer general questions about the trademark process and our Trademark Electronic Application System (TEAS) forms. 16. 15. Answer: These lines are used when the forms are being completed and signed by a patent practitioner (i.e., a patent attorney or patent agent), otherwise they should be left blank. Must I file a provisional patent application before filing a nonprovisional utility patent application? Find upcoming programs related to IP policy and international affairs. In addition, a provisional patent application cannot be filed for a design. PAC stands for Patent Assistance Center (USPTO). A terminal disclaimer if you are filing the petition for a design patent application. 21. A properly signed response and the required items, including any fees, must be received within the time period for reply that is set forth in the notice or must be mailed/transmitted within the time period for reply together with a proper certificate of mailing or transmission (Form. Can a certified copy of a foreign priority application be filed electronically through the USPTO’s electronic filing system (e.g., EFS-Web)? For example, new patent applications and other correspondence necessary to accord a filing date to an application (including a reply to a Notice of Incomplete Application) are not permitted to be sent by facsimile transmission. Some. 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