United States Patent and Trademark Office, the body which issues patents in the USA.

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46
votes
7answers
5k views

Can a YouTube video be submitted as prior art?

I'm trying to determine whether there is evidence that definitively confirms that a YouTube video can be submitted as prior art. If there is an example of one being used as the grounds for rejecting ...
18
votes
4answers
726 views

Can a granted patent be deeded to the public?

Please note, I'm not speaking in the context of a land patent, I just could not think of a better word than deed. Let's say that: I have a concrete implementation of something that can be patented ...
10
votes
1answer
2k views

How long does it take a patent application to appear in the USPTO database?

I have several patents that I have filed which have been received by the USPTO, but have yet to appear when I search the USPTO online database. How long is the delay between filing and appearance on ...
10
votes
3answers
553 views

Should I file a provisional application?

In the past I've been discouraged from filing provisional applications (in the US), but the new "first to file" provisions of the "America Invents Act" would seem to make a provisional application a ...
9
votes
1answer
384 views

Can willful patent infringement exist without prior notification?

In order for a company to accuse an organization of willful infringement, or allege that they are actively and knowingly infringing on a patent, must the patent holder first send the allegedly ...
7
votes
4answers
746 views

Do USPTO examiners search open-source codebases?

I have read many patent prosecution histories (on PAIR), but have never seen one that references an open-source codebase as grounds for a rejection. Instead, examiners have a tendency to rely heavily ...
6
votes
4answers
2k views

How to get a patent or patent application permalink at the USPTO website?

I'd like to link to certain patents or patent applications filed with the USPTO. Google Patents makes this relatively straightforward, hosting patents & applications at this URL scheme: ...
6
votes
3answers
303 views

How would I file a Provisional Patent by myself?

I have a great idea that I would like to protect, but I don't have the budget for a patent attorney at the moment. I was thinking to do it by my own. I wanted to know if I try my best to define the ...
5
votes
2answers
206 views

When can new prior art be brought during prosecution? How can we help?

I am looking for a clarification ideally for both USPTO and EPO procedures. I thought that: applicant could (must for US) bring new prior art anytime during prosecution until grant (through IDS for ...
5
votes
1answer
157 views

USPTO Patent XML, understanding the us-field-of-classification-search element

I'm working with XML from the USPTO bulk download which provides weekly downloads of XML of published patent grants. I'm using this documentation to understand the files. I'm having trouble ...
4
votes
3answers
477 views

Prior art shared with the USPTO

The USPTO started allowing the public to submit prior art just last year. How will the public know if prior art that is submitted through the third party submission system was used to reject a patent ...
3
votes
1answer
51 views

Is there a custom or policy of obfuscating dangerous details in patents?

I was reviewing an expired U.S. patent for a clever industrial process that is sufficiently dangerous that it should not be attempted by people not skilled in the art. Throughout the patent, ...
3
votes
2answers
94 views

Response to Notice to file corrected application papers

An applicant has been asked to submit a substitute specification in compliance with 37 CFR 1.52, 1.121(b)(3) and 1.125. The amendments are made to brief description of drawings, detailed description ...
3
votes
1answer
27 views

Does Priority Examination delay other patents?

I am assuming there is research and a conclusion on this, instead of just a discussion. Prioritized Examination allows patents to get examined in a year for a fee. I know of patent attorneys that ...
3
votes
1answer
54 views

How to remove a file attached in a USPTO EFS WEB application?

I added a file which was found to contain some PDF errors (missing font) and the EFS web site is asking me to remove the file and reattach a correct version. Alas, I can't find any "remove" button or ...
2
votes
2answers
207 views

Sad! Help! Canadian and intl patent application-in-process beat me to it

I had an idea for an invention. I found nothing similar on uspto.gov. Then I discovered Google Patents. I immediately found that someone from Canada is filing a patent for the same invention on the ...
2
votes
3answers
156 views

What is a good way to locate (and choose) a U.S. patent attorneys office that specializes in a given area within a field

What's the best way to find specific patent firms and individual attorneys who specialize in the technology area of my application? It seems that the best patent attorneys tend to have specialties. ...
2
votes
3answers
112 views

How long for patent to get finalize?

How long dose it take to get a patent finalized? I have had a patent filed since July 2013, and I'm still waiting.
2
votes
1answer
621 views

USPTO examiner/staff financial background check and disclaimers

I've always wondered if there was a financial background check on the examiner and all other USPTO staff that work on a patent application. Or if there is a disclaimer section for those who worked on ...
2
votes
1answer
42 views

Arguments allowed in “Concise Description of Relevance” in USPTO prior art filing

During the Third-Party Preissuance Submission under 37 CFR 1.290 one can submit prior art documents together with Concise Description of Relevance explaining relevance of said document. To what level ...
2
votes
2answers
42 views

How to do USC Class Title seach on USPTO

Is it possible to do search class numbers based on the title/text/description relating the class. On EPO and WIPO yiu can search for classes based on text search. I couldn't find any such feature on ...
2
votes
1answer
38 views

Is it true that a USPTO patent not safe from European companies?

All feedback is greatly appreciated. I'm a very young inventor.
2
votes
3answers
411 views

Patent filing procedure without a patent attorney

This is the first time I'm thinking about filing a patent, and I don't know where to start. First of all I'm not from the USA but I want to file a patent with the USPTO without a patent attorney as I ...
2
votes
1answer
124 views

Is it possible to search patents by assignee?

My name is Jesse L Culpepper. I would like to know how many patents are in my name.
1
vote
3answers
90 views

“Undue experimentation” - why isn't the patent office more demanding to minimise it (e.g. provide parts list)?

The majority of the patents I've looked at read to me as outlines of research projects rather than detailed descriptions of how to make something. (I am a person of ordinary skill in the art; I have a ...
1
vote
3answers
149 views

Is there ex parte reexamination statistics narrowed to software patents only?

uspto.gov publish statistics quarterly, but the numbers are averaged from all industries and fields. I am trying to figure out whats chances a software patent had in 2011/2012 to go through a ex parte ...
1
vote
1answer
115 views

Downloading XML for USPTO patents

How can the XML (or its ZIP file) for a USPTO number (e.g. 8978162) be downloaded? Can this be done programmatically (API) and/or manually? The weekly releases (ca 6,000 entries) contain the type of ...
1
vote
2answers
250 views

Examiner's search for prior art. Does it include non-published applications and patents younger than the priority date?

I have two questions regarding the functioning of the patent application examination process. Hopefully someone can shed some light. If a patent application has been filed but not yet published, ...
1
vote
1answer
42 views

Is there any way to search classification of USPTO?

Is there any way to to search classification of patent in CPC or USPC by keyword? E.g I want to know what class "computer mouse" is, but it seems the search page assume that I already knew the code ...
1
vote
1answer
77 views

How solid are foreign patents that are later filed in the US?

This is somewhat subjective but in doing my research, I have seen a lot of patents that were accepted in other countries (e.g. China, Australia) or in PCT later get accepted at the USPTO with what ...
1
vote
1answer
26 views

What will be the expiry of Continuation patent

Let me starts with an example: US 7598276 B2 was filed on Nov 7, 2006 having 1 day of PTA. US 8557852 B2 was filed on Aug 28, 2009 which is division of '276 with 546 days of PTA. There is no ...
1
vote
1answer
36 views

Patent Number suffix A1 / B2 etc.

On some patent numbers I see an "A1" / "A2" / "B2" etc. suffix after the actual patent number e.g. "USxxxxxxxxx B2" or "WOxxxxxxxx A1" etc. What do these suffixes mean? Is there a key somewhere ...
1
vote
1answer
46 views

Deciding to apply for PCT or USPTO

It is not affordable that even micro entities like students or employees pay PCT application fee which is too high. Application fee for nonprovisional utility US patent is reasonable. Following US ...
1
vote
1answer
153 views

“Google Now” Patent Application Number

I've been looking for Google's patent application number for "Google Now", the intelligent assistant but with no success. Can any redirect me to the correct link or post the Patent number? Thank you ...
1
vote
1answer
52 views

How and where to file USPTO Patent application?

What are the formats and ways to file US patent application and where to file? List of Documents required to file Patent application?
1
vote
1answer
70 views

Do I need to prove micro entity status to USPTO?

I want to file to USPTO, and I am foreign independent inventor (not American). My question is, do I need to prove micro entity status to uspto? If yes, then how?
1
vote
1answer
75 views

Why Are There STILL 5,303 Overlaps for A Patent?

I asked this question of a patent attorney, but never got a great response - I heard that great NPR show about patents (referenced by Joel on a podcast) and had this question: For this patent: ...
1
vote
1answer
42 views

Out of USPTO and GCC which one should be filed first?

I want to protect my invention in gulf and US both. Now shall I first file in Gulf (GCC) and then move to USPTO or the V.V ?
1
vote
1answer
139 views

How to determine the status of an application that wasn't granted

How can I tell regarding a USPTO published application (that does not appear to be granted) whether is has been rejected by the USPTO or rather may still become granted? I am seeing a published ...
1
vote
1answer
17 views

Patent Term Adjustment

I got a notification from uspto that The Patent Term Adjustment is 58 days I would like to know what is PTA and how is it calculated ?
1
vote
1answer
31 views

USPTO nonprovisional application before national application

I want to apply for USPTO nonprovisional utility patent as a Turkish. How can I learn if US has any agreement between Turkish Patent Office (Turkey) in order to prevent international applications ...
1
vote
1answer
23 views

Is this patent granted in US or Europe or it is still in the approval process?

In reference to the patent: EP2812386A1
1
vote
0answers
72 views

How to change the order of inventors after a patent is granted?

Is it possible to change the listed order of inventors after a utility patent application is granted by USPTO? And if so, how could I go about doing that?
1
vote
0answers
80 views

US20140235095 - Apple Inc - Reversible usb connector with compliant member to spread stress and increase contact normal force

The following Apple patent application is published and pending examination: Title: Reversible usb connector with compliant member to spread stress and increase contact normal force Publication ...
1
vote
2answers
398 views

USPTO different numbers for the same patent

How come sometimes a USPTO application/grant has many numbers form the same patent? For example: US6334845 (B1) is "also published as" US6422996(B2) and as US6413211(B2). I understand that the ...
1
vote
1answer
40 views

Closed EPO application

A previous application for an European Patent Grant was "closed" by the European Patent Office. In which way the same application can be filled with US Patent Office?
0
votes
4answers
204 views

How quickly a patent can be granted from uspto with the help of lawyers etc if I am from India?

I am from India and want to apply for patent from uspto with or without the help of lawyer whichever can fasten the process.
0
votes
1answer
291 views

Can a same provisional application be filed in two different countries?

My colleagues in China and I (in a US University) has filed provisional application (both names are in the applcation) to the US Patent Office. Can my colleauges in China file the a patent ...
0
votes
1answer
178 views

Does “Reasons for Allowance” in transaction history description of PAIR point to a probable patent grant in the near future?

Following are the recent transaction descriptions of a patent application with US PTO with filing date Dec-27-2013 retrieved using PAIR. 01-02-2016 Document Verification 12-22-2015 **Reasons for ...
0
votes
1answer
11 views

what is publication number for US5803169? [closed]

In reference to the patent: US5803169 Whether this patent was published as application?