Office Of Data Management
| Correcting a Printed Patent | Notice of Allowance & Issue Fee Due |
| Official Gazette | Publication Processing |
Correcting a Printed Patent Frequently Asked Questions
Notice of Allowance and Issue Fee Due Frequently Asked Questions
Official Gazette Frequently Asked Questions
Publication Processing Frequently Asked Questions
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 Data Management where they will fix the discrepancy, notify you (the customer) for resolution or return the application to the examiner for resolution
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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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 Data Management.
- 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.
Question: How do I respond to a Notice of Abandonment that I received from the Office of Data Management?
Answer: For questions regarding the Notice of Abandonment contact the Office of Data Management Application Assistance Unit 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.
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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 Data Management Attention: Certificates of Correction Branch
P.O. Box 1450
Alexandria, VA 22313-1450
For more information, contact the Certificates of Correction Branch at 703.756.1814.
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Question: Who should I speak to about requesting a Certificate of Correction form?
Answer: The Certificates 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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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 Certificates of Correction Branch via mail or telephone.
Mailing address:
Commissioner for Patents
Office of Data Management
Attention: Certificates of Correction Branch
P.O. Box 1450
Alexandria, VA 22313-1450Telephone: 703.756.1814
Second inquires should also be directed to the Certificates of Correction 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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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 Supervisor of Certificates of Correction Branch at 571.270.9882.
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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 Web site. 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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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 Data Management
Attention: Certificates of Correction Branch
P.O. Box 1450
Alexandria, VA 22313-1450
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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.
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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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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 Certificates of Correction Branch at:
Commissioner for Patents
Office of Data Management
Attn: Certificates 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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Question: I have a trademark, how do I file a Certificate of Correction?
Answer: Call 571.272.5400 for corrections to trademarks. The Certificates of Correction Branch is responsible for making corrections to only printed patents.
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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 Data Management Application Assistance Unit 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).
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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 Web site or contact Application Assistance Unit at 571.272.4200 or 1.888.786.0101.
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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).
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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/
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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 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/
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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:
- Expired Patents: Patents that expire due to failure to pay required maintenance fees. These patent numbers are published approximately 3 months after expiration.
- Patents Reinstated: Patents reinstated due to the acceptance of a late maintenance fee.
- Reissue Applications: Patents filed as reissues.
- Reexams: Patents requested to be reexamined .
- Certificates of Correction: Patents granted certificates to correct previously published material.
-
Summaries of final decisions issued by the Trademark Trial and Appeal Board.
In addition to the information published in the section entitled Patent & Trademark Office Notices, the following is also published in the eOG:P:
- Errata: Correction of erroneous previously published material.
- Service by Publication: Notification to cancel a trademark registration within 30 days, pending appearance of a registrant, assignee, or legal representative.
- Registration to Practice: Names of individuals who have received provisional recognition to prepare and prosecute patent applications.
- Notices from the Solicitor's Office: Notices to the public regarding changes and updates in Patent rules and regulations and/or other patent-related items.
- Reclassification Reports: Lists newly established, deleted, or reclassified classes & subclasses, revised every 3 months.
- Other Miscellaneous information of interest to the public.
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Question: Can I advertise my patent for license or sale in eOG:P?
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 Data Management
Attn: Patents for License or Sale
P.O. Box 1450
Alexandria, VA 22313-1450
For additional information interested parties may call Lamont Fletcher at 703.756.1558 extension 143.
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| Question: Can I purchase a subscription or single copy of the eOG:P? |
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Answer: Sale of the eOG:P is discontinued as of December 31, 2011. Access to the eOG:P on the USPTO web site is free of charge. |
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.
