| Query
Official
Gazette
Certificates
of Correction
Customer
Service
Drawings
Query
Q.
My application is in the Data Query Branch and I don't know why?
A. The printing contractor
has reviewed your application and found a discrepancy. Your application
has been forwarded to Data Query where they will fix the discrepancy,
notify you/customer for resolution or return the application to the examiner
for resolution.
Q.
How long will the application remain in Data Query?
A. Under normal circumstances
the application should be in Data Query (PALM location 7550) 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.
Official
Gazette
Q.
What is the Official Gazette?
A. The Official Gazette
(OG) is a U.S. Department of Commerce, Patent & Trademark Office publication
issued every Tuesday of the year. The Trademark OG summarizes the past
week's trademarks and the Patent OG summarizes the past week's inventions.
Q.
Are published patents the only content of the OG?
A. No. The OG contains
a section at the front of the book called "Patent and Trademark Office
Notices." Each week, the following information is published:
a. Expired Patents:
Patents that expire due to failure to pay required maintenance fees.
These patent numbers are published approximately 3 months after expiration.
b. Patents Reinstated: Patents reinstated due to the acceptance of a
late maintenance fee.
c. Reissue Applications: Patents filed as reissues.
d. Reexams: Patents requested to be reexamined.
e. Certificates of Correction: Patents granted certificates to correct
previously published material.
f. Summaries of final decisions issued by the Trademark Trial and Appeal
Board.
Q.
Is there any other matter published in the OG?
A. Yes.
a. Errata: Correction
of erroneous previously published material.
b. Service by Publication: Notification to cancel trademark registration
within thirty days, pending appearance of a registrant, assignee, or
legal representative.
c. Registration to Practice: Names of individuals who have received
provisional recognition to prepare and prosecute patent applications.
d. 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.
e. Reclassification Reports: Lists newly established, deleted, or reclassified
classes & subclasses, revised every 3 months.
Q.
Can I sell my patent in the OG?
A. Yes. On the second
Tuesday of every month, the OG publishes patents for license or sale.
The current fee for this service is $25 for each published item. Interested
parties may call Ms. Pamela Booker at (703) 305-8263.
Q.
Can I purchase a copy of the OG?
A. The Official Gazette
can be purchased from the Government Printing Office (GPO). Effective
in the Fall 2001 U.S. Government Subscriptions Catalog the yearly domestic
subscription price of the Patent OG is $1,465.00, a foreign subscription
is $1,831.25, a single copy for a domestic destination is $70.00 and a
single copy for a foreign destination is $87.50. In addition, the
Patent and Trademark Office Notices are sold as a yearly subscription
for $200.00 at the bulk rate, $255.00 for First Class, and $250.00 for
a foreign destination. No single copy of the Patent and Trademark Office
Notices is available for sale.
Q.
How do I order a copy of the Patent or Trademark OG, or the Patent and
Trademark Office Notices?
A. To order, contact
the Superintendent of Documents, Government Printing Office, Washington,
D. C. 20402, to whom all subscriptions should be made payable, and all
communications addressed. VISA or Master Card may be used for telephone
orders at (202) 512-1800.
Q.
Who sets the fee for the OG?
A. The fee charged
for the OG is determined by the Government Printing Office. The cost is
determined by the size of the volume(s). The size of the volume(s) is
determined by the number of patents projected to issue and the projected
related printing costs. Price of the Official Gazettes can vary from year
to year.
Q.
Where could I locate a copy of the OG for perusal, without purchasing
the publication?
A. All Patent and
Trademark Office Depository Libraries make the Official Gazettes available
to the public. Many public libraries throughout the United States also
provide this service.
Certificates
of Correction
Q.
My printed patent has an error, and I would like to request that my patent
be corrected. What do I need to file?
A. You should file
a request for a certificate of correction that contains the following:
- A transmittal letter
or cover letter; bibliographic data identifying the patent number (full
name of the first inventor, patent number and issue date, title of the
invention). The transmittal letter should be signed by the attorney
of record or owner of record and should state any facts supporting the
requested corrections. For more information, contact Certificates
of Correction.
- A copy of any document
supporting the requested correction(s), your search revealed,
that are not in the Office record/file, e.g., post card receipts, amendment(s),
1449, etc.
- PTOL-1050 forms
- Identify the location
of error(s) in [75], [73], etc., sections on the title page (first page)
of the patent, Drawing Sheet(s), and 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; but
- If it is an applicant's
error(s) the required fee for consideration is $100.
- All requests are
to be mailed to Certificates of Correction Branch, U.S. Patent and Trademark
Office, Washington, D.C. 20231
Q. I filed
a request for a Certificate of Correction. Who do I contact regarding
the status of my request?
A.
- First inquiry by mail should be mailed to the Certificates of Correction
Branch, U.S. Patent and Trademark Office, Washington, D.C. 20231;
- First inquiry by telephone should be directed to the Certificates
of Correction Branch Support Staff at 703-305-8309; and
- Second inquiry by mail or telephone should be directed to the Team
Leader and/or Supervisor of the employee processing the request.
You should ask the support person receiving your call for the name of
the Team Leader and/or Supervisor of the person processing your request.
Q.
Who should I speak to about requesting Certificates of Correction forms
(PTOL-1050 forms)?
A. Call Public Services
(703-308-4357), then press 0 to speak to a representative and request
PTOL 1050 forms.
Q.
I received a notification letter or denial letter from the Certificates
of Correction Branch. What should I do if I disagree with the decision
or have a question?
A. 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, Fax number (703) 308-6672.
First time requests for certificate of correction should be sent through
regular mail service.
Q.
A certificate of correction issued to correct an error on my patent.
However, the corrections have not been made on the patent on the USPTO
Web Site on the Internet. Who should I contact for errors in patents
on the Internet?
A. Corrections made
by way of certificates of correction appear as an attachment to the patent.
At this time, no changes are made to the incorrect patent as originally
displayed on the PTO Web page.
Q.
How do I get my request for a certificate of correction expedited?
A. You must submit
your request in writing justifying why the expedited service is needed.
Q.
My issue notification is incorrect (the inventors name, address, title
of the invention), what should I do?
A. 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.
Q.
The Assignee information in my printed patent contains an error. How can
I get this corrected.
A.
- 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.
- Petitions to correct assignees’ names or address should be directed
to the Office of Petitions, Box DAC, and include your request for certificates
of correction to correct applicant's error.
- Petition fee (and certificate of correction fee if not previously
submitted)
- Correct name and address of the assignee(s)
- reel and frame number where the assignment(s) is recorded or proof
of date the assignment was submitted for recordation.
Q.
I filed a certificate of correction, but my correspondence address and/or
power of attorney has changed since the request. What should
I do?
A. Send your
change of correspondence address and/or power of attorney to:
Copy Fulfillment
Attn: Linda Smith
U.S. Patent and Trademark Office
Washington, D.C. 20231
In addition, a copy
of the request (marked as a copy) should be sent to the Certificates of
Correction Branch This will ensure the proper mailing of any correspondence
being directed to you regarding your certificate of correction.
Q.
I have a trademark and want to file a certificate of correction.
A. For corrections
to patents, submit PTO 1050 form to Certificates of Correction Branch.
To obtain 1050, call 703-308-4357 or reproduce copies of PTO/SB/44 from
the web site. Call 703-308-9400 for corrections to trademarks.
Certificates of Correction Branch is responsible for making corrections
to printed patents.
Customer
Service
Q:
I received my Notice Of Allowance and Issue Fee, in the mean time there
was a price increase. I am now ready to pay my issue fee and it
is after the date that the new rates go into effect, which amount do I
Pay.
A: If you received
the notice before the increase, and choose to pay at that time you would
pay the old rate. However, if the date of the rate increase has
passed you must pay the current or new rate.
Q.
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?
A. Notices of Allowance
are 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 Customer Service Office
on (703) 308-6789 or 1 (888) 786-0101 for questions regarding the completion
of the “Certificate of Mailing” on the “Part B-Issue Fee Transmittal”
(PTOL-85B).
Q.
What happens to a patent application once the examiner allows it for issuance
as a patent?
A. Listed below are the
stages through which an allowed patent application goes within the PTO.
- When the examiner allows a file it is sent to the Office of Patent
Publication Allowed Files area.
- The application is then forwarded 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 received for the completion of the Initial Data Capture of the application.
- The application is then sent to the File Maintenance Facility (FMF)
for matching of the issue fee and any other correspondence. 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 forwarded 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. 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.
Q.
How long after the “Notice of Allowance and Issue Fee Due” (PTOL-85) has
been mailed do I have to pay my issue fee?
A. 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 contact Tom Hawkins
in the Office of Patent Publication, at (703) 305-8380 or fax (703) 305-8755.
Drawings
Q.
How long do I have to submit any drawings required on the “Notice of Allowability”
(PTOL-37)?
A. The statutory period
for response to a “Notice of Allowability” (PTOL-37) mailed is three
months from the mail date. There are no Extensions-of-Time permitted when
responding to the “Notice of Allowability” (PTOL-37).
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