| Copies, Fee Deficiency Submissions |
Referenced Items (82, 83) |
(82) Replacement Notice:
Copies of Patent Application Records will be
Provided in both Electronic and Paper Form
The Official Gazette notice, published on August 24, 2004 entitled
"All Electronic Copies of Patent Application Records Will Now Be Provided
as Certified Copies in Electronic Form" (1285 Off. Gaz. Pat. Off, August
24, 2004) is hereby rescinded. The USPTO is reinstating, until further
notice, the procedures in effect prior to July 30, 2004 for providing
certified copies of patent application records with paper certification
statements. The USPTO will also offer electronic certified copies of
patent application records at the requester's option.
Certified Copies with Paper Certification
Unless otherwise requested, certified copies of patent application
records provided pursuant to 37 CFR 1.19 (b) will be produced with a paper
certification statement, continuing the practice in effect prior to
July 30, 2004. The certification statement will include an embossed seal
and original signature.
Certified Copies with Electronic Certification
Customers ordering certified copies of patent applications as
filed or patent-related file wrapper and contents of published
applications from the USPTO website will have the option to choose
electronic copies with electronic certification. These files include an
imaged certification statement as part of a PDF file containing the
document TIFF images. These electronic files are digitally signed by
the USPTO for authenticity and integrity, and cannot be undetectably
modified. Customers may choose to download these electronic files from
the USPTO website or receive them on compact disc.
Paris Convention for the Protection of Industrial Property and Priority
Irrespective of whether the USPTO provides a paper certified
copy or an electronic certified copy, Article 4(d)(3) of the Paris
Convention prohibits any country that is a member of the convention
from requiring further authentication of the certified copy for
purposes of claiming priority under the Paris Convention. (The text of
the Paris Convention and a list of its members are available at
www.wipo.int/treaties/en/ip/paris/index.html.)
The USPTO is working with other intellectual property offices
to encourage the acceptance of priority documents in electronic form
with electronic certification. A list of offices and international
intellectual property organizations that have agreed to accept
electronic certified copies will be posted on the USPTO website soon,
and updated regularly.
Questions should be directed to the Office of Public Records by
email to opr@uspto.gov or by telephone at (703) 308-9743.
September 4, 2004 RON HACK
Acting Chief Information Officer
[1286 OG 197]
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