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Questions tagged [uspto]

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

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Petition to make special

If I have already received a first office action in the USPTO, will filing a petition to make special (e.g., based on age) speed up subsequent actions?
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1answer
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USPTO Patent Utility Submission Assistance Questions

As an engineer, I need to ask the right questions of counsel because they are very busy with other projects. My project is blessed with fine attorneys, however, it is up to me to submit the ...
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1answer
25 views

Can a continuation be sold separately from the parent patent?

Can a continuation be sold separately from the parent patent if no terminal disclaimers are in place?
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25 views

Why does the USPTO issue a 'Reference Number' for inbound phone calls?

Why does the USPTO issue a 'Reference Number' for inbound phone calls? How is the numbered used?
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1answer
19 views

USPTO Services: Patent Searches & Patent Examinations

The USPTO has a 'menu' of services that one can purchase. I suspect that a patent search and exam is required when a utility patent: Why and when is each mandatory service performed? What are said ...
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1answer
24 views

USPTO patent search database no longer secure over web SSL https

Does anyone know how to do a safe query of the : - USPTO Patent Application Full-Text and Image Database (AppFT) - When queries to the database essentially go across the web either to your VPN host ...
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1answer
28 views

Patent pending - US and EU procedure and

I am ready to start searching for a grant or investor for developing my technology. It's two days I am looking for information, but really, I understand nothing from the articles online. I was ...
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1answer
19 views

What is the purpose / benefits of a track 1 USPTO examinination?

Track one patent examination expedites the examination process to 12 months. The cost is high, even for a micro entity at $1K. What is the advantage of a faster exam process from a business ...
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1answer
15 views

No publication number? [duplicate]

What does it mean if both the "Earliest Publication No:" and "Earliest Publication Date:" entries in publicpair are blank ("-")? As a follow-up, how would I go about finding the publication number for ...
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1answer
34 views

Grant patent's front page item (72) inventor

I have a question to the grant patent front page. For item (72), every inventor’s name follows a city name and brackets with a two-letter country code. Does the city and country indicate the place ...
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2answers
39 views

Securing EU patents from US perspective

I am in the process of working with a team to author a NonProvisional Patent Application with the USPTO. QUESTION If I want to keep my options open for a EU Patent, what must I do / avoid?
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1answer
34 views

How to qualify for micro entity status

I'm looking into filing a provisional application for a patent, and I'm trying to determine whether or not I'm classified as a micro entity. This website says that one requirement of qualifying as a ...
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0answers
122 views

USPTO Customer Number

I submitted a customer number request form per this page. How long does it generally take for the USPTO to fulfill the request and email a customer number? And after a customer number has been ...
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1answer
39 views

Recordation of Patent Grant

This question is related to Who gets a "patent grant cover" from the USPTO? Does the "ribboned copy" get sent to overseas inventor/assignee (at recorded overseas address) by USPTO if such ...
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2answers
28 views

Advisory action/utility patent

Can you still get your patent granted when they issued an advisory action? I'm curious as to what comes next. I've amended claims in the first office action and the final office action. The examiner ...
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1answer
45 views

Is the trademark search feature on USPTO.gov (http://tmsearch.uspto.gov) accurate?

My question refers to a search I performed regarding the ownership of the motto, "WHEN YOU'RE HERE, YOU'RE FAMILY" that was at least at one time the motto of Olive Garden restaurants. The part that ...
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1answer
142 views

Extracting USPTO Family Id for Patents

Is there any bulk data source where we can extract the "Family ID" for each patent? The "Family ID" data is shown in the search app from USPTO (http://patft.uspto.gov). I looked into USPTO Bulk ...
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1answer
36 views

Am I getting a response for Rescission of Previous Nonpublication Request?

I filed a US patent using EFS-Unregistered on June 1st, 2018 with request not to publish. I filed the related international ePCT on June 4th, 2018. I understood that I would need to rescind the ...
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1answer
43 views

How can I retrieve the meta-information of all patents filed to the USPTO by a given assignee?

How can I retrieve the meta-information of all patents filed by a given assignee? I am mostly interested in title, inventor list, and year of filing, for patents filed to the USPTO. The meta-...
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1answer
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US patents xsds

Is it possible to get US patents schema in xsd format. I could find it in dtd format at the folllowing location but not xsds. xml-resources
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1answer
53 views

Terminal disclamier

What happens when a terminal disclaimer is taken to a patent which itself is a continuation of a patent family that now has been sold? Only the latest member of the family is cited in the terminal ...
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1answer
147 views

Non-provisional application merely incorporating by reference provisional application?

In the US, it is allowed to incorporate by reference (IBR) another document, and the IBRed document is treated as though it literally exists in the citing document. Therefore, in a non-provisional ...
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1answer
233 views

Requirement to submit newly found prior art after Notice of Allowance or Issue Fee Payment?

In the US, a duty of disclosure to submit information material to patentability extends until the patent is granted. This means that the duty still applies after notice of allowance (NoA) and after ...
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2answers
238 views

can foreign company file patent in USPTO without a lawyer?

can a foreign company file a patent in USPTO without a lawyer? If yes Please tell me how.
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3answers
177 views

How long does the US duty of disclosure last?

37 CFR 1.56 says: The duty to disclose information exists with respect to each pending claim until the claim is cancelled or withdrawn from consideration, or the application becomes abandoned. ...
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3answers
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Do consistently disparaged embodiments lack claim support?

Disparaging the prior art/alternative embodiments, especially in combination with a limited characterization of the disclosed embodiments (e.g. only describe embodiments without the disparaged ...
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1answer
69 views

Do you need to file Information Disclosure Statements for US Provisional Apps?

I would assume no based on the following from 37 CFR 1.56(a): The duty to disclose information exists with respect to each pending claim until the claim is cancelled or withdrawn from consideration,...
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1answer
102 views

Why become a Registered eFiler?

I would like to submit a provisional patent via EFS to the USPTO. There is an option to submit as a registered eFiler. What reason would I want to perform the submission as a registered eFiler? If ...
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3answers
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WIPO patent filing vs US patent?

After doing a bit of research on the different types of patents that are available, and what it would cost to get patents in multiple countries, it is a mystery to me why anyone would bother with ...
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1answer
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API access to USPTO application

I'm trying to programatically access updated application information for USPTO patents including transaction details, continuity information, and dates and codes from the Image File Wrapper (IFW) ...
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2answers
133 views

A US independent claim never starts with a definite article 'The'

I am digging into the USPTO bulk patents and patent applications and I observe a pattern for any independent claim: it never starts with a definite article 'The'. However, I have not proved that yet. ...
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1answer
43 views

How should I patent my behavioral bio-metric identification idea in the US or Europe?

I know all of you are really well versed with patents here and I am a completely novice . Me and My team have come up with a working system which implements behavioral bio-metric identification system ...
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1answer
391 views

What is time to give reply to advisory action if it is received after 3 months of Final Office Action mailing date

Advisory action is issued by USPTO if reply to final office action is within 2 months from mailing date of final office action and also reply time to Final Office Action including Advisory is 3 months ...
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0answers
43 views

Retrieve US patents claims

I am trying to automatically retrieve patents claims from different jurisdictions. Open Patent Services allows to retrieve patents Claims from WO, EU, and several other patent offices whereas no ...
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1answer
45 views

Can I file a Patent in the US from a different country?

I'm a citizen of another country and currently reside there. Is it possible to file an online patent using USPTO from my country? Or s I can file should I file an international Patent through USPTO?
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1answer
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Does the US Patent Office fact check an application's Background section before granting a patent?

There's a seemingly odd claim in the "Background" section of a granted patent: In Yuri Gagarin's historic flight into space, he returned in near critical condition after only one hour and forty ...
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1answer
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Can I link an unregistered eFiling to a new account?

I made an eFiling for a provisional patent application while unregistered. Can I now register myself and link that filing to my USPTO account? I have found that it would be useful to have an account ...
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2answers
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How can the difference between “Priority Date” and “Filing Date” be greater than 1 year?

For most patents (at least the ones I looked at) there is no more than 1 year difference between "Priority Date" and "Filing Date": often exactly 1 year, and if not, just under 1 year. This must be ...
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1answer
221 views

“Designated countries for regional patents”

What does the entry called "Designated countries for regional patents" mean (in Google Patents)? Can you make your U.S. patent international by simply designating some other countries in your filing?
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0answers
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Does the pure complexity of a computational task make it not to be a mental model?

I partially read this response to a patent application related to assigning seats to airline passengers, such that they are "happy". In this response, the examiner says: the subject matter of the ...
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1answer
259 views

Why do patent description contains serial numbers like [0001], [0002] etc?

In most US patent descriptions, I see serial numbers like [0001], [0002] etc. Are they there for readability or are they a requirement? I'm working on provisional patent application. Does a ...
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1answer
53 views

Can an employee of an European Company (applicant) represent his company before USPTO?

A European company has filed a patent application with USPTO. Can an employee of the company represent himself on behalf of the company for prosecuting the patent application? Can he do a telephone ...
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2answers
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Problem filing micro entity status

My son and I invented something together. We qualify as micro entity and filed the appropriate form MES.GIB. However PTO came back saying it doesn't correctly identify the application to which it ...
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0answers
43 views

Patent Drawings missing, presents drawing of a another patent? How to get related drawing?

In reference to the patent: US2002098
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1answer
633 views

Cheapest way to extend the time of provisional patent application

I am a Australian sole inventor who has filed a US provisional patent application with another attorney last year in June. I'm coming close to the time where my 12 month period is going to expire (...
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1answer
71 views

USPTO classification number

I'm trying to get classification numbers for all a large number of patents through USPTO bulk download. The bulk download files come in three different formats--appended with ipg, pg, and pftaps ...
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2answers
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How do I find patents owned by a a given university for a given topic programatically?

My end goal is as follows : Given a word and a university name, find all patents owned by the university in which the given word appears in the patent description. e.g. word : machine learning ...
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1answer
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1answer
445 views

Amendments that can be filed at the same time as entering U.S. national stage?

What amendments can be filed at the same time as entering U.S. national stage? I know that the claims can be amended, but is it possible to file amendments for the descriptions/drawings at the same ...
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3answers
729 views

Can a U.S. design application claim priority of a foreign invention application?

I was always under the impression that inventions, utility models and designs can all claim priority using each other, with the exception that inventions cannot claim priority using a design ...