A petition must be submitted with all the necessary fees to revive an application that has been involuntarily abandoned. Please use form PTO/SB/64. Petitions can be submitted through the United States Postal Service (USPS) or as an electronic petition. An e-petition has the advantage of submitting a secure petition with automatic issuance, saving time when immediate decisions are needed, and increasing accuracy through instant feedback. For more information, visit the e-petition resource page. The filing date of the provisional or non-provisional application is the date of receipt of the application by the Agency, which contains a description pursuant to 37 CFR 1.71 and at least one claim (required only for non-provisional design applications) pursuant to 37 CFR 1.75 and all drawings required under 37 CFR 1.81(a). See 37 CFR 1.53(b) and (c). Black and white drawings are usually required. Ink or its equivalent, which fixes the solid black lines, must be used for drawings. In the case of non-provisional declarations of use, the «sheets» of the drawings must be included with the other application documents in PDF format in an electronic document in PDF format filed via EFS-Web.
Handmade drawings must be scanned into PDF format for submission via EFS-Web. The following margins are required: Once it has been determined that the declaration of use is timely and meets the minimum filing requirements, the examining attorney reviews the declaration of use to ensure that it meets the requirements of the Trade-marks Act and the Rules. Further information can be found at TMEP §§109 ff. BGB. Even if an application is deemed to contain the elements necessary to obtain a filing date, the application is still considered incomplete and a filing date is refused if the constituent elements do not meet the above requirements. You can submit the required filing, search and examination fees electronically by credit card or electronic bank transfer. For example, if you file your patent application online via EFS-Web, it is preferable to pay these fees online if you file the application via EFS-Web, rather than later, as any filing, search or examination fee paid at a date later than the filing date of the patent application will require a late surcharge of USD 160 (USD 80 for small business applicants and USD 40 for microenterprise depositors). The late award will also be due if you file the required oath or declaration one day after the filing date, so it is best to ensure that the required fees and oath or declaration are included in the specification (including claims) and drawings filed via EFS-Web.
You can also submit your paper application for a non-provisional pension by mail or by submitting it in person. However, this will cost you an additional $400 non-electronic filing fee ($200 for small and micro businesses) in addition to regular filing, search and examination fees. If you nevertheless file your application on paper, the fee submission form (Form PTO/SB/17) can be used to calculate prescribed filing, examination and search fees, excessive claim fees or filing format fees, and to specify the method of payment (by check, money order, USPTO current account or credit card). Most patent applicants pay regular, non-discounted patent fees. However, the fees for filing, searching, examining, granting, appealing, and maintaining patent applications and patents will be reduced by 50 percent for each small business eligible for reduced fees pursuant to 37 CFR § 1.27(a) and by 75 percent for each microenterprise filing a certificate attesting that the requirements of 37 CFR § 1.29(a) or (d) are met. For applications duly filed under 37 CFR 1.10, the filing date is the date on which the Priority Mail Express® application was filed with the U.S. Postal Service. For example, if a new patent application under 37 CFR 1.10 is filed in Priority Mail Express® on a Saturday and the U.S.
Postal Service gives it a filing date on Saturday, the Office will mark and stamp the correspondence with the Saturday date. 37 CFR 1.6(a)(2). If the appropriate procedures have not been followed, the application shall have a filing date from the date of its receipt by the Office. Any consideration of these issues would be done by means of a petition with the petition fee (37 CFR 1.17(f)), indicating all of the petitioner`s arguments and evidence that the filing is entitled to a filing date from the day it was filed as Priority Mail Express®. See MPEP § 513. The purpose of this guide is to give you basic information on filing a utility model application. A patent application is a complex legal document that is best prepared by a document trained to produce such documents. Therefore, after reading this guide, you should contact a patent attorney or professional attorney. Additional information is available: Pursuant to 35 U.S.C.
21 and 37 CFR § 1.10, all correspondence received by the USPTO (including a request submission) delivered through the Priority Mail Express Post Office to Address service of the United States Postal Service (USPS) will be deemed to have been filed with the USPS on the date of filing with the USPS. The date of filing with the USPS is indicated by the «date» or «date of acceptance» on the shipping label or other official USPS endorsement. If the filing date of the USPS cannot be determined, the date of receipt of the Office will be assigned to the date of receipt of the Office. Before submitting a request to the USPS under the Priority Mail Express procedure under 37 CFR § 1.10, it is important to include the address label number on the application documents. In addition, only one request must be sent in a single Priority Express Mail package. This incompleteness may consist of the omission of one of the following parts of an application. The elements of a provisional application required to obtain a filing date are as follows: a non-provisional utility model application must contain a patent specification including a description and one or more claims; drawings, if necessary; an oath or declaration; and prescribed filing, search and examination fees. The following lists of resources are not exhaustive for all educational materials available to applicants on www.uspto.gov, but provide consolidated access to educational information dealing with frequently asked questions by applicants at different stages of the patent examination process. A corrected ADS may be submitted to correct or update information in a previously submitted ADS. In addition, even if no ADS has already been submitted, a corrected ADS must be submitted to make changes to the information already stored.
The corrected ADS directory must contain underlined and strikethrough text to reflect the changes: the inserted information must be underlined and the deleted text must be crossed out or in parentheses. However, some information cannot be changed by simply submitting a corrected ADS. For example, changes to such inventors must comply with the requirements of 37 CFR § 1.48, changes in correspondence address must comply with the requirements of 37 CFR § 1.33(a), and changes in foreign priority and domestic performance information must comply with 37 CFR §§ 1.55 and 1.78, respectively. Applying for registration of your trademark does not guarantee that it will be registered. Therefore, you should do your best to ensure that everything in your original application meets the requirements of federal registration. Consider each of these elements before you begin the application. You must indicate the legal reason why you are allowed to register your trademark nationally. This is called the logon base. There are several filing bases and you must meet all legal requirements for the registration basis you have chosen. The most common are commercial use and intent to use. Learn more about the different types of deposit bases and the requirements for each.
NOTE: No amendments may be made to the provisional application after the filing date of the provisional application, except to bring the provisional application into compliance with the Patent Act and all applicable regulations. See 37 CFR 1.53(c). Foreign registration or filing bases allow you to use a foreign trademark registration or application as the basis for registering your trademark in the United States. These are often referred to as filing bases under section 44. Information on underwriting requirements is primarily based on 37 CFR § 1.84. Any document that can be created in PDF format for submission via EFS-Web must have a top margin of at least 2 cm (3/4 inches), a left margin of at least 2.5 cm (1 inch), a right margin of at least 2 cm (3/4 inch) and a bottom margin of at least 2 cm (3/4 inch).