Uspto Legal Administration

The contents of the envelope should be addressed to Harry Kim. Harry can be reached by fax at (571) 273-0419 or by email at Harry.Kim@uspto.gov. The PCT Legal Affairs Division resolves legal issues relating to the Patent Cooperation Treaty, most often arising from petitions to the Commissioner in PCT international applications and in national applications filed under 35 U.S.C. 371. This branch: correspondence and delivery addresses used for petitioning and other legal matters in international and national phase applications filed on 35 U.S.C. 371. (1) legal and policy guidelines on matters relating to the Patent Cooperation Treaty (PCT), including PCT rules, international search and examination guidelines, petitions and training; Q: Can OPLA give me legal advice on the issue I am calling or help me with my enforcement strategy? The PCT Office of Legal Administration maintains a mailing list to inform PCT clients by e-mail of updates to the forms and other information on these pages. Applications for inclusion on this list should be addressed to pctupdates-request@uspto.gov. Be sure to include your preferred email address in the application. Use of this list is governed by the USPTO Privacy Policy.

The Office of the General Counsel (OGC) defends agency decisions before courts and administrative tribunals, provides legal advice to internal bodies, and regulates individuals practicing before the USPTO. The OGC consists of three organizations: Find resources and programs for inventors, entrepreneurs and small businesses seeking assistance with legal matters, including filing applications, searching for a registered patent or trademark attorney, and fraud prevention. The PCT Legal Office for Petitions and Other Legal Matters can be reached by fax at (571) 273-0459 day and night. The Patent Ombudsman Program is designed to strengthen the USPTO`s ability to assist applicants in resolving issues that arise during the patent filing process. Applicants may, if they wish, submit informal comments to WIPO on this written notice; In this way, they have the opportunity to react to the reasoning and conclusions of the written opinion, even if they do not intend to resort to international preliminary examination. Other tasks of OPLA staff include supporting post-grant tools such as re-examination procedures and reissue requests, as well as processing patent extension and patent term adjustment requests. OPLA has the authority to rule on various petitions that have been delegated for consideration. Legal Counsel also provide training on specialized topics as well as patent law and procedures for the Patent Training Office. The contents of the international preliminary report on patentability (Chapter I) will also be very useful to patent offices in deciding whether or not to grant the patent at the national stage, especially for those Offices that do not carry out substantive examination. That report shall be made available to the public after 30 months from the priority date. In summary, an overview of the PCT procedure includes the following steps: Supplementary international search (optional): An International Searching Authority that is willing to perform supplementary searches and has not conducted the primary search identifies published documents that may not have been searched by the International Searching Authority that conducted the main search because of the diversity of prior art in different languages and technical fields. To serve a complaint, subpoena, or notice of appeal with the United States Patent and Trademark Office („USPTO”) or the Director of the USPTO, or an employee in his or her official capacity, you must do the following: Patent Cooperation Treaty The application of the law includes: Is an international search conducted for all international applications? The supplementary international search report is generally similar in content and appearance to the main international search report; It contains a list of references to patent and other technical documents that may affect the patentability of the invention claimed in the international application.

However, it should not repeat documents already cited in the international search report, unless this is necessary for new relevance when read in conjunction with other documents discovered during the supplementary international search. Sometimes the supplementary international search report may contain more detailed explanations than the main international search report. This is because, unlike the main international search, the supplementary international search report does not produce a written opinion and this additional information is useful for a full understanding of the listed references. ______________________________________Some linked content on this page requires a plug-in for PDF and DOC files The International Preliminary Report on Patentability (Chapter II), which is made available to you, copies of which are also sent to WIPO and WIPO to the patent offices of Contracting States that request them, consists of an opinion on the fulfilment of international patentability criteria for each of the claims sought. It provides you with an even better basis for assessing your chances of obtaining patents and, if the report is positive, a more solid basis for pursuing your application before national and regional patent offices. The decision to grant a patent is the responsibility of each of the national or regional offices where you enter the national phase; The international preliminary audit report should be reviewed by Offices but is not binding on them. Question: When should I use the Patent Ombudsman Program? What is supplementary international search under the PCT? (i) you have up to 18 months longer than if you had not used the PCT to determine whether it is desirable to seek protection abroad, appoint local patent attorneys in any other country, prepare the necessary translations and pay national fees; Have you received a misleading message in the mail to renew your trademark or patent? These may be sent by third parties with names such as „Patent and Trademark Office” or „Patent and Trademark Office” or similar. These companies are not affiliated with the USPTO. Please see our „Caution: Misleading Notices” (Trademarks) or „Non-USPTO Solicitations” (Patents) page. Correspondence and manual delivery addresses for filing new international applications, responses to invitations, claims, national phase entry documents, etc.

Before calling OPLA, we recommend that you consult the Patent Examination Manual (MPEP).