[Patentcenter] Who Filed? - Uploading/Saving a Submission v. Filing a Submission
Alan Taboada
ataboada at mtiplaw.com
Thu Feb 1 15:03:32 EST 2024
It was discussed here in the past that when a sponsored user uploads some documents for someone else to review and file, the acknowledgment from the USPTO indicates that the sponsored user was the filer and not the person who pressed submit (while logged in to PC using their own account, of course).
I may be misremembering, but I thought someone had mentioned that if you merely review and press submit, that is what happens, but if you change anything, then the filer magically becomes you.
However, I was just filing something in PC that someone else uploaded for me and saved, I logged into PC and went to view saved submissions, selected the saved submission, noticed something I needed to correct and so deleted/removed one file, made some corrections and uploaded the correct file and selected the appropriate document description. After, continuing with my review and ultimately pressing submit, I noticed that the acknowledgement still indicated the original uploader/saver as the filer and not me. So I guess either I misremembered or PC behavior is inconsistent and only changes the filer to the actual filer in some circumstances.
Ultimately, in my view at least, regardless of whether or not there are some circumstances in which the filer is changed to the person pressing the submit button, I think it is not right that the USPTO lists the uploader as the filer in any circumstance other than if they press the submit button.
Alan
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