PTO Will Transition to Electronic Issuance of Patents and Trademarks

By on December 16, 2021
Posted In Patents, Trademarks

The US Patent & Trademark Office (PTO) announced on December 10, 2021, that it intends to transition to electronic issuance of patents and trademarks in 2022. Under the current rule (37 C.F.R § 1.315), the PTO must deliver or mail a patent “upon issuance to the correspondence address of record.” The PTO will soon issue a notice of proposed rulemaking to seek public feedback on revising the rules of practice to issue patents electronically. Under the proposed changes, the PTO would no longer mail patents to the applicant. Instead, the PTO would issue patents electronically via the Patent Center and Patent Application Image Retrieval, from which the patents could be downloaded and printed.

While no changes to the trademark rules are necessary, the PTO will also issue a public request for comments on replacing paper registration certificates with digital versions.

The PTO believes that electronic issuance will reduce the time it takes for a patent or trademark to issue by about two weeks.

Once the transition is complete, applicants can still receive a paper copy of the issued patents and trademark registration certificates with an embossed gold seal and the director’s signature (i.e., a ribbon certificate) for a fee of $25 per copy.

Bernard P. Codd
Bernard (Bernie) P. Codd focuses his practice on patent prosecution and opinions in the areas of semiconductor devices and semiconductor device manufacturing, as well as battery, fuel cell, photolithography, magnetic media, chemical, metallurgy and polymer technologies. Bernie has successfully prosecuted patent reexaminations, reissues and numerous patent appeals, including oral arguments. Bernie’s practice includes patent application drafting and providing opinions on patent validity and infringement. Read Bernard (Bernie) P. Codd's full bio. 

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