Questions tagged [uspto]

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

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Does the USPTO require the inventor Residential Mailing Address, and if so, why does the USPTO need it?

When preparing a patent application for the USPTO, the patent lawyer I work with asks me for my "Full Residential Mailing Address" as I am one of the co-inventors. Is it required by the ...
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Parent of a Divisional

I am wondering if a parent application of a divisional is ever granted by the USPTO if the divisional is granted. For example assume an inventor submits the parent A to the USPTO and is then ...
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Does a non-resident need a patent attorney to file a Provisional patent application with the USPTO?

I have read that a non-resident needs a qualified patent attorney to file a non-provisional patent application directly with the United States PTO. My question is whether this requirement is also ...
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Why do few US patents have reference numbers in the abstract and claims?

In my experience very few US patent documents have reference numbers in the claims or abstract, even though doing so would make the document easier to understand. Why is this? MPEP 608.01(m) states: ...
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For how long does one have the right to say "patent pending" after submitting a provisional patent application in the United States?

I read on https://www.legalzoom.com/sem/ip/patents.html (mirror): For how long does one have the right to say "patent pending" after submitting a provisional patent application in the ...
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Is the language '[a] method as claimed in any preceding claim" only available if a special fee is paid for combinations, variation or permutations?

I have a somewhat vague recollection that you can pay an extra fee that will entitle you to the variations, combinations and/or permutations of the individual claims; if you add a language like that ...
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After NFOA, can you amend your independent claim by subject matter in your description although not claimed first without substantial repercussions?

It is a general practice to pull in dependent claims into the independent claim after the first NFOA to make it pass with a narrower scope especially when a dependent claim has already received Notice ...
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Is the "Notification Date" the same as the "Mailing Date of [the Office Action]"? ...and relating ambiguities

An NFOA includes that the "[s]hortened statutory period for reply is set to expire 3 months from the mailing date of [that] communication"; however, the language mailing date appears rather ...
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Receiving NFOA way after an appeal brief was filed after a complete final rejection & rejective advisory action, does it indicate room allowance?

Bob receives a final rejection in August, 2020, without anything allowed or even indicated that any change could over come the rejections and allowance could be achieved. Bob files a files an action ...
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Citing a blog in background information (not prior art)

For a USPTO utility patent, in my background section I would like provide a reference to an interview (the interview included in a blog post available at archive.org). This is not a prior art ...
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Does a patent application search on USPTO.gov cover granted patents as well?

I'm trying to do my own patentable idea search but noticed that an idea might appear in the USPTO granted/assigned patent database as well as their patent application database. How can I perform a ...
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USPTO classification databse

I´m new in research in patent classificacions and need to get the CCL: Current US Classification, CPC: Current CPC Classification, CPCL:Current CPC Classification Class and ICL: International ...
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Do slow or difficult USPTO patent examiners frustrate companies to the extent that they reduce research and development?

The answer likely depends on 1) to what extent the firms rely on patenting, and 2) whether the firm can get around difficult examiners/art units. Please provide anecdotal examples or experiences, if ...
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Which IDS form works on the PTO website?

I can't get the PTO's web system to accept my IDS. The error statement says, The version of the USPTO Fillable Form you are attempting to attach is outdated. Please go the following website to access ...
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How to avoid losing your work on the PTO's web based application system

I'm using the USPTO's EFS-WEB, and after spending an hour adding documents to a new application, I had to take a break. I wasn't active for an hour and my application disappeared completely. Is this ...
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Developing a software module to access USPTO Private Pair for my firm

I was told USPTO does not provide API for accessing their Private Pair data. However, I understand that a few docking software available claim that they are access USPTO Private Pair with the right ...
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How can I improve a PCT?

I have applied for a national patent and then I applied for a PCT claiming priority over the national patent and then I applied for a second national patent with improved content over the PCT just few ...
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Delayed PCT Priority Claim to US Application

I filed a PCT application in 2019. I filed a US application without claiming priority from PCT application. My PCT application is not expired yet. In hindsight only I realised, some of the claims ...
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Can I add more claims for the same invention after patent grant?

Let's just say I have an invention and I would like to have 60 patent claims to cover the invention properly. I file the application with 30 claims (3 independent and 27 dependent) and my patent is ...
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Is there any page limit or fee for "Applicant Arguments/Remarks Made in an Amendment"?

I would like to embed images in the "Applicant Arguments/Remarks" to explain myself clearly. Can I use images (preferably color) in "Applicant Arguments/Remarks"? Is there any ...
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1 answer
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Change the Order of The Inventor's when filing Reissue Application

My client wants to file reissue application. The reason is that he wants to correct the formulas in the specification. Then, he noticed that he wants to change the order of the inventors when we file ...
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Information Disclosure Statement for counterpart foreign application

I filed a PCT application in 2019. I also filed a US patent application WITHOUT claiming priority from the PCT application in 2019. I received "Written Opinion of the International Search ...
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How long until the next office action (after a response has been submitted)?

The first office action was received about four months ago, and we submitted a response to the action just a couple of days ago. What is the maximum time until we hear back from the patent office (...
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What's the difference between figure and drawing in patent grant?

USPTO patent grant bulk-data contains two fields number-of-figures and number-of-drawings. Figures number is always higher or same. So, I guess that drawings is a sub-set of figures. I have looked on ...
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Why Aren't Patent Expirations Listed for USPTO Gazette Vol. 1454 No. 2?

Reviewing 300+ issues of the Official Gazette Of The United States Patent And Trademark Office, from 2014 to present I noticed that only one issue — Vol. 1454 No. 2, from September 11th, 2018 — ...
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Finding most important patent of a company

Is there a way to find most important patents for any company for example: Apple or any other company? On google patents, I can search for patents assigned to a particular company, is there a way to ...
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What extent of prior publication prevents patentability?

After winning a competition, the content of my submission was posted publicly. This involved: General descriptions of features of the product (e.g.allows for remote monitoring through an ai-camera). ...
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Does the USPTO owe me any form of compensation if they failed to follow a requested “suspension of action” option, when now it's too late to fix?

The most recent step of the examination process in question was to submit another response to the examiner, which at this point required an RCE and the associated fee. On the RCE form, under ...
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Does the USPTO publish example applications?

The closest I can find is the Nonprovisional (Utility) Patent Application Filing Guide. I'm having a hard time converting that into an application. What I think would be easier is just a template ...
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Documentation for USPTO Bulk data Applications "Red-book" XMLv4 and XMLv1

Does anyone know where to find or have a pdf copy of the documentation for USPTO application XMLv4 and XMLv1 bulk data? I can only find documentation for USPTO grants XMLv4, XMLv2 and APS. Here is an ...
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What counts as patents of "Foreign Origin" in the USPTO statistics?

The U.S. Patent Statistics Chart Calendar Years 1963 - 2019 (mirror) distinguish Applications of "U.S. Origin" from Applications of "Foreign Origin". What counts as patents of "Foreign Origin" in ...
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Search engine to find all prior patents of patent attorney

Do you know a US / EU search engine where you can type in a patent attorney name and then find all patents and customers who he/she released patents with?
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Is my preliminary amendment likely to be disapproved?

Good morning - I have a pending non-provisional U.S. patent application. First office action is estimated in 5-6 months. I would like to file a preliminary amendment to add new claims. 37 CFR 1....
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Can a co-inventor (not the applicant) correspond with the patent office?

As a co-inventor, can I be involved in correspondence with the patent office (USPTO and others)? For instance, can I file for some claim amendments? If not, can the other co-inventor who is also the ...
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Why are USPTO and Google Patent Search citation numbers so different?

This (random) patent on Google says it was cited by 67 other patents: https://patents.google.com/patent/US8954418B2/en?oq=%228%2c954%2c418%22#citedBy ...Same patent on USPTO says it was cited by ...
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Data Scraping on USPTO

Anyone performed data scraping on USPTO? someone has a tool/code that can be used to extract data from USPTO and have it as SQL DB?
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No link to referenced provisonal in Public Pair database: Does the provisional not exist?

I'm used to being able to look up referenced provisionals in the Public Pair database by clicking on the link over their application number under the "Continuity Data" tab. However, I've come across ...
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Dealing directly with USPTO

I received the First Office Action from my patent attorney but I do not want to use him anymore, how can I deal with USPTO directly and what should I do?
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Can I refile my own provisional patent that has lapsed due to delay in responding to USPTO?

There was some issue with my provisional patent filing and the time given by USPTO to respond has lapsed. So, could I refile the patent as a NEW provisional patent filing under the SAME title 3 months ...
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2 votes
1 answer
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I would like to submit "objective evidence" to the USPTO. Do I have to file any Affidavit?

MPEP says, When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a basis not otherwise ...
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Is there a way to do full text search in uspto image file wrapper?

At the moment I'm manually entering the application number and reading the contents of image file wrapper in USPTO public pair. Is there a website where all USPTO application's image file wrapper ...
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How exactly novelty works?

I understand "novel" means all features of the claim are described in a single document. However, I don't understand the meaning of "feature" here. I have 5 wherein clauses in my claim. Each and ...
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How long it would take for a USPTO application to get republished?

If I amend my claims after normal publication (18 months), I believe my application will get republished again with amended claims. How long that process would take?
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Options for commercializing a concept already covered by patent?

Over time I have developed a process and system for performing a core task in my field. The system is genuinely revolutionary, reducing the time required to perform the work by a factor of between ...
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1 vote
4 answers
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Equating claim elements in dependent claims?

Assume you have a system or method claim like the following: A system/method comprising A, B and C. Is it valid to equate two or more elements in a dependent claim like so?: The system/method of ...
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What date the examiner will use when interpreting an embodiment for novelty?

It seems like USPTO allows different embodiments for novelty/anticipation rejections. So I wanna know how the embodiment will be interpreted. A provisional patent is filed by "inventor A" in 2010. ...
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Is there any fee for amending claims before the publication in USPTO?

My USPTO non-provisional application is not published yet. It contains 1 independent claim and 19 dependant claims. I would like to remove some dependent claims and then add some new claims. The ...
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Can one claim priority from a PCT application after filing non-provisional?

Let's say, I filed a USPTO provisional in Jan 2019. I filed a USPTO non-provisional in Jun 2019 by claiming priority to the provisional. I'll file a PCT application in Dec 2019 by claiming ...
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Is there any consequences if I don't amend claims properly before the PCT deadline?

PCT application claims can be amended one time via Article 19 and 34. From my understanding, one can amend claims in the national phase. So what is the point of having limitation in PCT? In US, one ...
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1 vote
1 answer
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Election of species for prosecution

I wonder if anyone can answer this. What the US examiner says appears at first sight ambiguous, but there is perhaps a clue in the reference to 35 U.S.C. 121 (which I looked at). The examiner says: “...
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