| Electronic Filing and Submission |
Referenced Items (354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366) |
(355) USPTO accepts pre-printed forms with a certificate of transmission
via EFS-Web when a form is transmitted to the USPTO via Patent Center
The United States Patent and Trademark Office (USPTO) provides
pre-printed forms for use by applicants. Some of these forms, such as the
PTOL-85 Part B, include a provision that the benefit of a certificate of
transmission is available when applicants transmit the form to the USPTO
via EFS-Web. The USPTO has recently become aware that a question exists
among some applicants as to whether the USPTO will accept such a
certificate of transmission when applicants file via Patent Center. The
USPTO has been accepting such a certificate of transmission whether the
pre-printed form was filed via Patent Center or EFS-Web, as both are part
of the USPTO patent electronic filing system.
To eliminate any confusion, the USPTO, pursuant to 37 CFR 1.183, is
formally waiving the requirements of 37 CFR 1.6(a)(4) and 1.8(a)(1)(i)(C)
and accepting a certificate of transmission on a pre-printed form provided
by the USPTO, when the applicant transmits the paper to the USPTO via
Patent Center, if the form indicates that a certificate of transmission is
available when transmitting via EFS-Web. This waiver is effective for
papers received before, on, or after November 15, 2023.
As a result of this waiver, applicants may continue to transmit USPTO
pre-printed forms, such as the PTOL-85 Part B, to the USPTO via Patent
Center and to benefit from the certificate of transmission, even when the
certificate of transmission refers to transmission via EFS-Web and not
Patent Center.
Applicants should be aware that existing guidance and outstanding USPTO
actions and other communications from the USPTO that refer to EFS-Web
and/or PAIR should be understood to refer to Patent Center starting on
November 15, 2023. The guidance will be updated in due course. Inquiries
concerning this notice may be directed to the Office of Patent Legal
Administration at 571-272-7701 or patentpractice@uspto.gov. Any inquiries
concerning the use of Patent Center may be directed to the USPTO's
Electronic Business Center at 1-866-217-9197 (toll free), 571-272-4100, or
ebc@uspto.gov.
November 15, 2023 KATHERINE K. VIDAL
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1518 OG 225]
Top of Notices (355) December 31, 2024