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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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Can the applicant dictate when to patent application is published?

If an applicant files a patent application with the USPTO with the intention of eventually filing the same application in other countries, how does the publication date of the USPTO application affect ...
Bear Bile Farming is Torture's user avatar
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how to exclude patents from a specific country?

There is an inventor with my same name, and I am setting up an external search using USPTO and I would like to exclude the patents based on a specific country or for instance when the author zip code ...
L.B.'s user avatar
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Unexpected fee payment during a provisional patent applicaiton

I've come to the last step of online filing a provisional US patent as a "small" not "micro" entity. The fee payment page lists fees as: 2005 PROVISIONAL APPLICATION FILING FEE $...
Bryce's user avatar
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Client error '401 Unauthorized' from USPTO

when I use PublishedApplication.objects.get("US20130228431A1").claims_text get HTTPStatusError: Client error '401 Unauthorized' for url 'https://ppubs.uspto.gov/dirsearch-public/searches/...
Bharadwaj Ramanna's user avatar
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1 answer
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I am not in the US. Do I really have to undergo USPTO Patent Center eFiler verification to view the status of my PCT priority application?

I submitted to USPTO last month an application for the national stage application of a PCT patent. I created my MyUSPTO account, generated my datasheet with their system, submitted all the necessary ...
RAKK's user avatar
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Is there a subscription list for entities to be notified of new patent applications so that they can challenge the new claims?

For example, let's take Match Group Inc, which is a multi billion dollar conglomerate group that owns a suite of dating apps. Is there a list that they sign on to on the USTPO that notifies them of a ...
Bear Bile Farming is Torture's user avatar
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How can one obtain the list of news articles, blog posts and other online content that mention a given patent or patent application?

E.g., I see that this news article mentioned this patent application. How can one obtain the list of news articles, blog posts and other online content that mention a given patent or patent ...
Franck Dernoncourt's user avatar
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USPTO bulkdata download stalls for some files

When downloading bulk data from the USPTO site some downloads work fine, but others (around a dozen so far) stop downloading at the same point every attempt. Example: https://bulkdata.uspto.gov/data/...
RG5's user avatar
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Regarding legal options after rejection due to "undue search burden"

As explained here by George, In the U.S. a restriction requirement can be issued by an examiner who feels a claim set covers more than one invention. One criteria they can use is to assert “ undue ...
Sazzad Hissain Khan's user avatar
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How long does it take to get the patent application number after submitting a patent application to the USPTO?

I am interested to know for provisional and nonprovisional patent applications submitted to the USPTO.
Franck Dernoncourt's user avatar
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Does the time in the day of a public disclosure matter when submitting a patent application to the USPTO?

According to AIA 35 U.S.C. 102(b)(1)(A), public disclosures done one year or less before the effective filing date don't matter: AIA 35 U.S.C. 102(b)(1)(A) provides exceptions to the prior art ...
Franck Dernoncourt's user avatar
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Approx after how many days after getting Notice of Recordation, patent will be visible to public

On the website https://patentcenter.uspto.gov/ search by PCT results with a following error message Sorry, the entered PCT Number 'PCT/US2023/XXXXXX' is not available. The number may have been ...
Amruth A's user avatar
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1 answer
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Could we view a list of patents filed by an attorney on USPTO website?

Is this possible? I'm looking to hire attorneys who are majoring in certain fields.
ratib90486's user avatar
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Applicant response to Pre-Exam Formalities Notice

I was asked to file several documents that weren't contained in my provisional patent application. To E-File the documents, the letter must include a "Applicant response to Pre-Exam Formalities ...
joseto dominguez's user avatar
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If I am a US citizen and I want to patent an idea but I don't have any money, what is the best way to protect it? WIPO? USPTO? Where to start?

If I am a US citizen and I want to patent an idea but I don't have any money, what is the best way to protect it? WIPO? USPTO? Where to start? All the answers I saw on June 17, 2023 were excellent. I'...
Todd B.'s user avatar
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Does the examination of utility nonprovisional patent applications last longer for first-time applicants than for other applicants?

I read on https://www.patenttrademarkblog.com/how-long-us-utility-patent-application-process/ The USPTO is notorious for its backlog of examining utility nonprovisional patent applications. First-...
Franck Dernoncourt's user avatar
2 votes
1 answer
68 views

Obtaining a document cited by the examiner of a US patent

In order to give proper credit in a scientific context, I'm trying to get the content of a document cited by the examiner in the process of examination of some US patents, both granted and expired. Is ...
fgrieu's user avatar
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Double Priorty Claim

My question about using priorty of provisional and non-provisional patent application as priorty document for EP application. Let's say provisional application date is 10.10.2020 and non-provisional ...
ASA's user avatar
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ICL_Class from patentpy package to CPC class

I downloaded USPTO bulkdata using patentpy package (https://github.com/JYProjs/patentpy). There is an ICL_class (International classification) field here. I need help to map this to CPC_class and ...
PhD Student's user avatar
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2 answers
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Patents: Can USPTO be sued?

If I file for a patent pertaining to a product I've researched and did a patent search and the product doesn't exist, but when I file, USPTO declines to award patent and then I find that many people ...
Private BACKoFF's user avatar
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Can members of the general public create and publish hyperlinks to patents in the USPTO's Patent Public Search system?

From what I understand, the USPTO Web site has a system called Patent Public Search that can be used to search for patents. On this USPTO page, there is an information box that mentions the ...
Richard's user avatar
2 votes
1 answer
82 views

Are there any downsides in making a request for nonpublication when submitting a patent application to the USPTO?

I wonder whether there exist any downsides in making a request for nonpublication when submitting a patent application to the USPTO, aside from preventing the invention from being submitted to non-US ...
Franck Dernoncourt's user avatar
1 vote
1 answer
53 views

Meaning of election and elected/nonelected species

I received an Office Action, in which claims are withdraw from further consideration as being drawn to a nonelected species. There was no allowable generic or linking claim. Election was made without ...
picibucor's user avatar
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Does the inventor's citizenship have to be indicated when filing a patent application to the USPTO?

A while ago, a patent lawyer was filing a patent application for me and a few others to the USPTO, and they asked us for our citizenships. I wonder why. Does the inventor's citizenship have to be ...
Franck Dernoncourt's user avatar
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USPTO WebADS missing the date - is this okay?

Given the USPTO web-based ADS form, the final part of the form is this: Notice there is no date field. The generated PDF then looks like this: Do I have to edit the PDF myself to add the date? Is ...
Drakes's user avatar
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Is it ok to only write down formulas in the detailed description but not in the figures?

I wonder whether it is ok to only write down formulas in the detailed description but not in the figures. On one side, I see patents that only write down formulas in the detailed description but not ...
Franck Dernoncourt's user avatar
1 vote
2 answers
255 views

How can you view a granted and issued patent in the new USPTO system?

On Mac Monterey using Safari, once clicking on the hyperlink of the patent number then searching repeated (of course) on the patent by the same number that you just clicked on, the site will be ...
PatentosPite's user avatar
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1 answer
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How can I access the complete public record of a USPTO patent?

I read in this answer by George White: But, taking the question literally, no, there is not an easy way to see the applications filed by a particular registered practitioner. It is buried in the ...
Franck Dernoncourt's user avatar
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Should a patent title be very narrow or very broad, or does it not matter?

I'm looking at USPTO patents. I see patent titles that are very broad, e.g. Mobile surveillance, Data privacy, and Location-aware services and I see patent titles that are very narrow, e.g. ...
Franck Dernoncourt's user avatar
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1 answer
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Why are USPTO patent applications numbered XX/XXX,XXX?

USPTO patent applications are numbered XX/XXX,XXX. Why the slash? I.e., why not XX,XXX,XXX? Is it to distinguish from USPTO patent numbers, or is there some other reason?
Franck Dernoncourt's user avatar
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1 answer
128 views

Can I rescind nonpublication request and apply for PCT?

After 4 years prosecution, our USPTO application was allowed. We filed with a nonpublication request.Our patent was not published yet. At the time of filing we had no intentions of applying for ...
Ricardo Arnedo's user avatar
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2 answers
71 views

How can I see how many patents a Registered Patent Agent has filed as a patent agent to the USPTO?

I wonder how I can see how many patents a Registered Patent Agent has filed as a patent agent to the USPTO. I don't see any option to search for that in https://patents.google.com/:
Franck Dernoncourt's user avatar
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2 answers
137 views

Getting error while access Private PAIR Tools

I'm trying to check my provisional patent status through Private PAIR tool and keep getting following error page after logged in. I uploaded my patent application through https://efs.uspto.gov/...
Dumindu Madushanka's user avatar
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2 answers
192 views

How can I get a high-definition version of drawings from USPTO patents?

The version of drawings from USPTO patents that I could find are low-quality, e.g. from US20220138425A1: How can I get a high-definition version of drawings from USPTO patents?
Franck Dernoncourt's user avatar
2 votes
1 answer
2k views

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 ...
Franck Dernoncourt's user avatar
2 votes
1 answer
72 views

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 ...
Dave's user avatar
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1 vote
1 answer
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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 ...
user2297550's user avatar
1 vote
1 answer
745 views

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: ...
Ignoramus's user avatar
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2 answers
76 views

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 ...
Franck Dernoncourt's user avatar
1 vote
2 answers
92 views

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 ...
PatentosPite's user avatar
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1 answer
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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 ...
PatentosPite's user avatar
1 vote
1 answer
145 views

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 ...
PatentosPite's user avatar
1 vote
1 answer
72 views

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 ...
PatentosPite's user avatar
3 votes
0 answers
41 views

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 ...
V P's user avatar
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1 answer
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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 ...
kackle123's user avatar
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1 answer
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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 ...
GN GC's user avatar
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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 ...
J Li's user avatar
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2 answers
100 views

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 ...
Lou's user avatar
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2 answers
72 views

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 ...
Lou's user avatar
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1 answer
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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 ...
Gean's user avatar
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