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What do I need to file to request an error
appearing in printed patent be corrected? |
Who should I speak to about requesting
a Certificate of Correction form? |
Who do I contact regarding the status of
my request for a Certificate of Correction? |
What should I do if I disagree (or have
a question) in regards to the notification letter (or denial letter)
that I received from the Certificates of Correction Branch? |
A Certificate of Correction issued to correct
an error in my patent.
However, the correction has not been made to the patent on the USPTO
Website.
Who should I contact to correct an error appearing in a patent on
the USPTO Website? |
How do I get my request for a Certificate
of Correction expedited? |
My issue notification is incorrect (e.g.,
an inventor's name, address, title of invention). What should I do? |
How can I get erroneous assignee information
appearing on my printed patent corrected? |
I filed a Certificate of Correction, but
my correspondence address and/or Power of Attorney has changed since
the request. What should I do? |
I have a trademark, how do I file a Certificate
of Correction? |
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After my "Notice of Allowance and Issue
Fee Due" (form PTOL-85) was mailed, there was a fee increase. My notice
states the fee due is different than the new fee. I am now ready to
pay my issue fee and it is after the date the new fee went into effect.
Which amount do I pay? |
How long after the Notice of Allowance
and Issue Fee Due" (form PTOL-85) has been mailed do I have to pay
my issue fee? |
How long do I have to submit any drawings
required on the "Notice of Allowability" (form PTOL-37)?
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What is the Official Gazette? |
What is the Electronic Official Gazette
- Patents (eOG:P)? |
Are published patents the only content
in the Electronic Official Gazette - Patents (eOG:P)? |
Can I advertise my patent for license or
sale in Electronic Official Gazette - Patents (eOG:P)? |
Can I purchase a subscription or single
copy of the Electronic Official Gazette - Patents (eOG:P)? |
How do I order a subscription or single
copy of the Electronic Official Gazette - Patents (eOG:P)? |
Where could I locate a copy of the OG
Notices for perusal, without purchasing the publication?
[back to top of FAQ] |
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Publication Processing
Frequently Asked Questions |
My application has a query initiated
(QURI) and I don't know why? |
How long will the process take for
an application, undergoing a query, to be resolved? |
What happens to a patent application
once the examiner allows it for issuance as a patent? |
How do I respond to a Notice of Abandonment
that I received from the Office of Patent Publication?
[back to top of FAQ] |
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Question: My application has a query
initiated (QURI) and I don't know why?
Answer: The
printing contractor has reviewed your application and found a discrepancy.
Your application will be reviewed by the Office of Patent Publication
where they will fix the discrepancy, notify you (the customer) for
resolution or return the application to the examiner for resolution. |
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Question: How long will the process
take for an application to be resolved?
Answer: Under
normal circumstances the application should be resolved in less
than 6 days. If the application involves special circumstances,
(i.e., waiting for drawings, a signed declaration/oath, etc.) the
timetable will vary depending on the response needed.
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Processing FAQ] |
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Question: What happens to a patent application
once the examiner allows it for issuance as a patent?
Answer: Listed below are the stages through which an allowed patent
application goes within the PTO.
- When the examiner allows an application a message concerning
the application number is sent to the Office of Patent Publication.
- The application is then electronically exported to Initial Data
Capture (IDC) for electronic capture of the patent file.
- It takes approximately 6 weeks from the date that the allowed
file is exported for the completion of the Initial Data Capture
of the application.
- Upon IDC completion, a message is then sent to the File Maintenance
Facility (FMF) to ensure that all post allowance correspondence,
fees and drawings have been updated. The application may stay
in the FMF for approximately 1-2 weeks. However, if all requirements
are not yet fulfilled the application will remain at the FMF until
the requirements are met.
- Once the fee and any correspondence and/or drawings are matched
with the application and all requirements have been met for issuance
as a patent, the application is then electronically exported to
the Final Data Capture (FDC) stage of the process. The FDC makes
any updates necessary to the electronic file and places the allowed
patent application in an issue. The average time that an allowed
application is in the FDC process is 5 weeks (2 weeks of processing
time for assignment of issue date). The "Issue Notification" is
mailed approximately 3 weeks prior to the issue date of the patent.
- The patent grant is mailed on the issue date of the patent.
It includes any references to prior patents, the inventor(s)')
names, specification, and claims (to name a few). It is bound
in an attractive cover and includes a gold seal and red ribbon
on the cover.
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Question: How do I respond to a Notice of Abandonment that I received from the
Office of Patent Publication?
Answer: For questions regarding the Notice of Abandonment contact
the Office of Patent Publication Image Assistance Center at 571.272.4200
or 1.888.786.0101.
Detailed information in regards to the Notice of Abandonment is
also provided at http://www.uspto.gov/web/patents/pubs/abandonment.htm.
[back to top - Publication
Processing FAQ] |
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Question: What do I need to file to request
an error appearing in printed patent be corrected?
Answer:
You should file a request for a Certificate of Correction that contains
the following:
- A transmittal letter or cover letter that includes bibliographic
data identifying the:
- patent number
- application number
- inventor(s)
- issue date
- title of invention
NOTE: The transmittal letter should be signed
by the attorney of record or owner of record and should state
any facts supporting the requested corrections.
- A copy of any document supporting the requested correction(s),
your search revealed, that are not in the Office record or file
(e.g., post card receipts, amendment(s), 1449)
- Form PTO/SB/44 (same as form PTO-1050)
- Identification of the location of error(s). Identify them by
column and line number, using the nearest marginal line number
in the printed patent.
Leave 2 inches at the bottom of the last page or first page if
only one page.
No fee is required to correct errors made by the Office; however,
if it is an applicant's error the required fee for consideration
is $100.
All requests are to be mailed to:
Commissioner for Patents
Office of Patent Publication Attention: Certificates of Correction
Branch
P.O. Box 1450
Alexandria, VA 22313-1450
For more information, contact the Certificate of Corrections Branch
at 703.305.8309.
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a Printed Patent FAQ] |
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Question: Who should I speak to about requesting
a Certificate of Correction form?
Answer: The Certificate
of Correction form (PTO/SB/44, same as PTO-1050) may be obtained
by contacting the General Services Division at 1.800.786.9199 (1.800.PTO.9199)
or 571.272.1000.
Also, the forms are available on the USPTO Internet site at:
http://www.uspto.gov/web/forms/index.html.
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a Printed Patent FAQ] |
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Question: Who do I contact regarding the
status of my request for a Certificate of Correction?
Answer: The first inquiry should be directed to the Certificate
of Corrections Branch via mail or telephone.
Mailing address:
Commissioner for Patents
Office of Patent Publication
Attention: Certificates of Correction Branch
P.O. Box 1450
Alexandria, VA 22313-1450
Telephone: 703.305.8309
Second inquires should also be directed to the Certificate of Corrections
Branch using the above-referenced mailing address and telephone
number. However, the second inquiry by mail or telephone should
be directed to the Team Leader and/or Supervisor of the employee
processing your request.
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a Printed Patent FAQ] |
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Question: What should I do if I disagree
or have a question) in regards to the notification letter (or denial
letter) that I received from the Certificates of Correction Branch?
Answer: Submit signed and dated transmittal letter (cover letter),
identify the patent you are referring to, state all the discrepancies
you have concerning the response you received, and fax it to Certificates
of Correction Branch at 703.308.6672.
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a Printed Patent FAQ] |
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Question: A Certificate of Correction issued
to correct an error in my patent.
However, the correction has not been made to the patent appearing
on the USPTO website. Who should I contact to correct an error appearing
in a patent on the USPTO website?
Answer: A correction
made by way of a Certificate of Correction appears as an attachment
to the patent. At this time, no changes are made to the incorrect
patent as originally displayed on the USPTO Web page.
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a Printed Patent FAQ] |
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Question: How do I get my request for a
Certificate of Correction expedited?
Answer: You must
submit your request in writing justifying why the expedited service
is needed. Please include your justification with your request for
a Certification of Correction, and mail to:
Commissioner for Patents
Office of Patent Publication
Attention: Certificates of Correction Branch
P.O. Box 1450
Alexandria, VA 22313-1450
[back to top - Correcting
a Printed Patent FAQ] |
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Question: My issue notification is incorrect
(e.g., an inventor's name, address, title of invention), what should
I do?
Answer: The issue notification is not used for
printing. Therefore, errors in your issue notification do not necessarily
mean that the data will be incorrectly printed in your printed patent.
Such data, as mentioned above, should have been filed during the
pendency of your patent and correctly noted on your Declaration,
the first page of the specification, and bibliographical page/sheet,
which is used for verification and printing of the patent. Since
your printed patent will be mailed shortly after the issue notification,
you should check your printed patent before inquiring as to issuance
of a Certificate of Correction.
[back to top - Correcting
a Printed Patent FAQ] |
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Question: How can I get erroneous assignee
information appearing on my printed patent corrected?
Answer: You must file a request for a Certificate of Correction.
If the correct data is indicated on the Issue Fee Transmittal (PTOL-85b),
a Certificate of Correction will be issued. This would be considered
an Office error and does not require a fee or petition.
If this is an applicant's error, that is the correct assignee's
name and/or address is not indicated on the PTOL-85B, a Petition
under 1.183 is required.
How to file a Petition under 1.183:
- Direct Petitions to correct assignees' names and/or address
to the Office of Petitions, Box DAC. Include your request for
Certificate of Correction to correct applicant's error
- Include petition fee (and Certificate of Correction fee, if
not previously submitted)
- Clearly indicate correct name and address of the assignee(s)
- Provide the reel and frame number where the assignment(s) is
recorded or proof of date the assignment was submitted for recordation.
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a Printed Patent FAQ] |
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Question: I filed a Certificate of Correction,
but my correspondence address and/or Power of Attorney has changed
since the request. What should I do?
Answer: Send
your change of correspondence address and/or power of attorney to:
Mail Stop Post Issue
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
In addition, a copy of the request (marked copy) should be sent
to the Certificate of Correction Branch at:
Commissioner for Patents
Office of Patent Publication
Attn: Certificate of Correction Branch
P.O. Box 1450
Alexandria, VA 22313-1450
This will ensure the proper mailing of any correspondence being
directed to you regarding your Certificate of Correction.
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a Printed Patent FAQ] |
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Question: I have a trademark, how do I
file a Certificate of Correction?
Answer: Call 703-308-9400
for corrections to trademarks. The Certificates of Correction Branch
is responsible for making corrections to only printed patents.
[back to top - Correcting
a Printed Patent FAQ] |
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Question: After my "Notice of Allowance
and Issue Fee Due"; (PTOL-85) was mailed, there was a fee increase.
My notice states the fee due is different than new fee. I am now ready
to pay my issue fee and it is after the date the new rates went into
effect. Which amount do I pay?
Answer: The Notice
of Allowance is printed with the fee in effect at the time of mailing.
If you pay your issue fee after the new rates are in effect, you
must pay the new amount. (Please note: It is the responsibility
of the applicant/attorney to insure that the correct fee amount
reaches the PTO before a rate increase.)
Please contact the Office of Patent Publication Image Assistance
Center on 571.272.4200 or 1.888.786.0101 for questions regarding
the completion of the "Certificate of Mailing;" on the "Part B-Issue
Fee Transmittal" (PTOL-85B).
[back to top - Notice of Allowance
and Issue Fee Due FAQ] |
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Question: How long after the Notice of
Allowance and Issue Fee Due" (form PTOL-85) has been mailed do I have
to pay my issue fee?
Answer: After the examiner has
allowed your application, you have 3 months from the mail date of
the "Notice of Allowance and Issue Fee Due" (PTOL-85) to pay your
fee.
If you do not pay your fee within the 3-month statutory period,
your patent application will be abandoned for failure to pay your
issue fee. Please note: unlike some other fees required by the PTO,
this is a statutory period that cannot be extended.
If your application is abandoned for failure to pay your issue
fee in a timely manner and you deem that the abandonment is in error,
please reference the information available on our website or contact
Image Assistance Center at 571.272.4200 or 1.888.786.0101.
[back to top - Notice of Allowance
and Issue Fee Due FAQ] |
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Question: How long do I have to submit
any drawings required on the "Notice of Allowability" (form PTOL-37)?
Answer: The statutory period for response to a "Notice of Allowability"
(PTOL-37) mailed is three months from the mail date. There is no
Extension-of-Time permitted when responding to the "Notice of Allowability"
(PTOL-37).
[back to top - Notice of Allowance
and Issue Fee Due FAQ]
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Question: What is the Official Gazette?
Answer: The Official Gazette of the United States Patent and Trademark
Office (OG) is issued every Tuesday. The Patent OG summarizes the
past week's inventions and the Trademark OG summarizes the past
week's trademarks. The Official Gazette, in its entirety, is no
longer available in paper form.
The last issue of the paper was published on September 24, 2002.
The Electronic Official Gazette - Patents (eOG:P) delivers the information
traditionally contained in the paper version of the OG but in an
electronic format on both CD-ROM product and on the USPTO web site.
The Electronic Official Gazette - Patents (eOG:P) allows you to
browse the issued patents for the week.
For more information about the eOG:P please visit http://www.uspto.gov/web/patents/patog/
[back to top - Official Gazette
FAQ] |
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Question: What is the Electronic Official
Gazette - Patents (eOG:P)?
Answer: The Electronic
Official Gazette - Patents (eOG:P) delivers the information traditionally
contained in the paper version of the OG but in an electronic format
on both a CD-ROM and on the USPTO web site. The Electronic Official
Gazette - Patents (eOG:P) allows you to browse the issued patents
for the week.
Similar to the paper OG, the eOG:P is published every Tuesday and
includes bibliographic information, a representative claim, and
a drawing (if applicable) of each patent issued that week. Patents
are accessible by type of patent (utility, plant, etc.), classification
(class and/or subclass), patentee name, and geographical location.
Links enable users to "jump" to a specific patent from the various
indexes.
For more information about the eOG:P please visit: http://www.uspto.gov/web/patents/patog/
[back to top - Official Gazette
FAQ] |
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Question: Are published patents the only
content in the eOG:P?
Answer: No. The eOG:P contains
a section called "Patent and Trademark Office Notices." In that
section, each week, the following information is published:
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FAQ] |
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Question: Can I advertise my patent for
license or sale in eOG?
Answer: Yes. On the second
Tuesday of every month, the eOG publishes patents for license or
sale. The current fee for this service is $25 for each published
item. Send only a check or money order made payable to the Commissioner
for Patents to:
Commissioner for Patents
Office of Patent Publication
Attn: Patents for License or Sale
P.O. Box 1450
Alexandria, VA 22313-1450
For additional information interested parties may call Lamont Fletcher
at 703.308.9250 extension 143.
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FAQ] |
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Question: Can I purchase a subscription
or single copy of the eOG:P? |
Answer: Yes. The eOG:P on CD-ROM is sold as an annual subscription
for $430 per year and as single copies for $20 each. Access to the
eOG:P on the USPTO web site is free of charge.
[back to top - Official Gazette
FAQ] |
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Question: How do I order a subscription
or a single copy of the eOG:P?
Answer: For information
on ordering the eOG:P as either a subscription or single copy please
visit the Patents Products Catalog on the USPTO web site at:
http://www.uspto.gov/web/offices/ac/ido/oeip/catalog/products/pp-a2n-1.htm
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FAQ] |
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Question: Where could I locate a copy
of the OG Notices for perusal, without purchasing the publication?
Answer: All Patent and Trademark Office Depository Libraries make
the Official Gazettes available to the pubic. Many public libraries
throughout the United States also provide this service.
They are also displayed online at: http://www.uspto.gov/web/offices/com/sol/og/index.html.
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FAQ] |