Sb 39 Form PDF Details

The SB 39 form, recognized officially by the U.S. Patent and Trademark Office, plays a crucial role in the realm of patent applications and intellectual property management. This form is designed to either authorize or rescind authorization for the U.S. Patent and Trademark Office (USPTO) to permit access to an application as filed by participating offices around the globe, including but not limited to the European Patent Office (EPO), the Japan Patent Office (JPO), and the World Intellectual Property Organization (WIPO). It caters to applications that claim priority based on a previous filing, enabling a streamlined process for sharing application documents and data internationally. By choosing to grant authority, applicants facilitate the exchange of vital information, speeding up the examination process and fostering collaboration across borders. Conversely, rescinding previously granted authority can impact this flow of information, emphasizing the need for careful consideration and timely actions. With requirements such as the inclusion of an application number, filing date, and explicit instructions for submitting multiple forms if necessary, the SB 39 requires detailed attention. Additionally, it underscores the importance of understanding the legal implications, associated timelines, and the potential impact on patent application processes both domestically and internationally.

QuestionAnswer
Form NameSb 39 Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesauthorization permit access, application office routine pdf, sb 39 form, filed identified 2

Form Preview Example

Doc Code: PD.TO.AUTH

Document Description: Auth or Resc of Auth to Access Appl by DAS/PDX Office

PTO/SB/39 (11-15) Approved for use through 11/30/2020. OMB 0651-0031 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE

Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.

AUTHORIZATION OR RESCISSION OF AUTHORIZATION TO

PERMIT ACCESS TO APPLICATION-AS-FILED BY PARTICIPATING OFFICES

Send completed form to: Commissioner for Patents

P.O. Box 1450, Alexandria, VA 22313-1450

Application Number (if known):

Filing Date:

First Named Inventor:

Attorney Docket Number:

Title (Required)

Check either box 1 or 2 below, but not both:

1. By checking this box, the undersigned hereby grants the USPTO authority to provide the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the State Intellectual Property Office of the People’s Republic of China (SIPO), the World Intellectual Property Organization(WIPO), and any other foreign intellectual property office participating with the USPTO in a bilateral or multilateral priority document exchange agreement in which a foreign application claiming priority to the instant patent application is filed, access to: (1) the instant patent application-as-filed and its related bibliographic data,

(2) any foreign or domestic application to which priority or benefit is claimed by the instant application and its related bibliographic data, and (3) the date of filing of this Authorization. See 37 CFR 1.14(h)(1).

2. By checking this box, the undersigned hereby rescinds the previous authority granted to the USPTO to provide the EPO, JPO, KIPO, SIPO, WIPO or any other foreign intellectual property office participating with the USPTO in a bilateral or multilateral priority document exchange agreement access to the documents and information identified in paragraph 1 above.

This rescission of the previous authorization will not be effective unless and until an appropriate USPTO official recognizes and acts on the rescission.

However, once the application has published or is otherwise publicly available, the USPTO may provide access to the application in accordance with 37 CFR 1.14.

NOTE: This form must be signed by an authorized party in accordance with 37 CFR 1.14(c). Please see 37 CFR 1.4(d) for the form of the signature. If necessary, submit multiple forms for more than one signature, see below.*

 

Signature

 

Date

 

 

 

 

 

 

 

 

 

Practitioner

 

Name

 

Registration Number

 

(Print/Typed)

 

(If applicable)

 

Name of Assignee

 

Title

 

(if applicable)

 

(if applicable)

 

 

 

 

 

 

 

*Total of ______

forms are submitted.

 

 

 

 

 

 

 

 

 

 

 

 

This collection of information is required by 37 CFR 1.14(h). The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 6 minutes to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.

Privacy Act Statement

The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which may result in termination of proceedings or abandonment of the application or expiration of the patent.

The information provided by you in this form will be subject to the following routine uses:

1.The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may be disclosed to the Department of Justice to determine whether disclosure of these records is required by the Freedom of Information Act.

2.A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations.

3.A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a request involving an individual, to whom the record pertains, when the individual has requested assistance from the Member with respect to the subject matter of the record.

4.A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need for the information in order to perform a contract. Recipients of information shall be required to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).

5.A record related to an International Application filed under the Patent Cooperation Treaty in this system of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.

6.A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)).

7.A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency’s responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not be used to make determinations about individuals.

8.A record from this system of records may be disclosed, as a routine use, to the public after either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed in an application which became abandoned or in which the proceedings were terminated and which application is referenced by either a published application, an application open to public inspection or an issued patent.

9.A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.

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