Questions tagged [uspto]

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

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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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28 views

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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25 views

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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1answer
18 views

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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22 views

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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24 views

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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1answer
28 views

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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38 views

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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40 views

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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47 views

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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33 views

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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30 views

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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52 views

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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106 views

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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32 views

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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32 views

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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32 views

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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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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45 views

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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1answer
58 views

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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71 views

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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4answers
73 views

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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46 views

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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28 views

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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85 views

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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48 views

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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129 views

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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49 views

Patent document and Patent assignment database dont match

The patent document says that the patent was assigned to some company. But USPTO's patent assignment database shows that there is no such assignment. My theory is that the applicant/owner didn't ...
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61 views

What is the status of patent 8459282

I am trying to determine if the patent US8459282 is still active or if it has been abandoned.
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43 views

Is there (no) reciprocity in protection between the US and China?

What is the gripe that the current US administration has with the Chinese patent system? If an inventor files (and obtains) a patent from the USPTO, but never applies for a patent in China, does a ...
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230 views

Is there a time limit for filing a Petition to Accept Late Payment of US Patent Issue Fee (37 CFR 1.137(a)?

After non-payment of a Patent Issue Fee (being due three months after receipt of the USPTO Notice of Allowance) there is the option to file a Petition to Accept Late Payment of Issue Fee when non-...
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29 views

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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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
106 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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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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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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56 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 or ...
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1answer
66 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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47 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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21 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
75 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
42 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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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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317 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 ...