MPEP Section 711.04(b), Ordering of Patented and Abandoned Files

Executive summary:

This document contains Section 711.04(b) ("Ordering of Patented and Abandoned Files") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

For more information on patent law, please see the Patent Section of BitLaw. For patent services, see the Beck & Tysver pages.

Previous Section (§711.04(a)) | Next Section (§711.04(c))

711.04(b) Ordering of Patented and Abandoned Files [R-5]

In examination of an application it is sometimes necessary to inspect the application papers of a previously patented or abandoned application. It is always necessary to do so in the examination of a reissue application.

Recently patented and abandoned >paper< files are stored at the Files Repository**. Older files are housed in warehouses located off site**. Image File Wrapper (IFW) applications are stored electronically and do not have a paper file wrapper to be stored. The electronic file is the official record of the application. See the IFW Manual section 3.7.

Patented and abandoned files are ordered by means of a PALM video display transaction. To place such an order, the examiner is required to input his/her PALM location code, 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 on the video display terminal which informs him/her of the status of the request for each file. The examiner is informed that the request is:

(A) accepted;

(B) accepted, but for which the file is stored at a warehouse off site (in which case delivery time is increased);

(C) not accepted since the file is not located at the repository or warehouse;

(D) not accepted since a previous request for the file has not yet been filled; or

(E) not accepted since the patent or application number inputted is not valid.

Periodically each day, personnel at the Files Repository perform a PALM print transaction which produces a list of all accepted requests in patent number order and, for requests for abandoned files, in application number order. The printed record of each request is detached from the list when its associated file is found. It is then stapled to it. Throughout the day, periodic deliveries of files are made directly to the offices of their requestors by Files Repository personnel. Upon delivery of files at the various locations, files that are ready to be returned to the repository are picked up. For applications stored in IFW, this process is no longer necessary.

With the exception of certain older files, the drawings of patented and abandoned files, if any, are now stored within their respective application file wrappers. Since it is desired not to separate one from the other, both the file and its drawings are delivered when a file is ordered. For applications stored in IFW, it is no longer necessary to order or deliver the files.