Ordering of Patented and Abandoned Provisional and Nonprovisional Application Files
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USPTO MPEP › Chapter 0900 - Prior Art, Search, Classification, and Routing › MPEP § 901.01(a)
Text
In the examination of an application, it is sometimes
necessary to inspect the application papers of some previously abandoned application
(provisional or nonprovisional) or granted patent. This is always true in the case of
a reissue application and reexamination proceeding.
If the patented or abandoned file is an Image File
Wrapper (IFW) file, examiners can view the application papers from their desktop via
the Patent Examiner’s Toolkit. Patented and abandoned files that are not available in
IFW are stored at the Files Repository. Older files are housed in remote warehouses
located in Maryland and Virginia.
Patented and abandoned files that are stored in paper
are ordered by means of the File Ordering System (FOS). To place such an order, the
system requires the examiner's delivery organization (i.e. art unit), employee
number, and patent number(s) and/or application number(s) of the file(s) that are
needed. After transmission of the request transaction by the examiner, a “response”
screen appears which informs the examiner of the status of the request for each file.
The examiner is informed that the request:
(A) is accepted;
(B) is accepted, but the file is located at a remote
warehouse (in which case delivery time is increased);
(C) is not accepted because the file is not located
at the repository or warehouse;
(D) is not accepted because a previous request for the
file has not yet been filled; or
(E) is not accepted because the patent or application
number inputted is not valid.
Personnel at the Files Repository periodically retrieve
the requested files and deliveries of files are made to the requesters’ interoffice
mailing address. Upon delivery of files at the various locations, Files Repository
personnel also retrieve files that are ready to be returned to the repository.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.