Questions tagged [uspto]
United States Patent and Trademark Office, the body which issues patents in the USA.
2
votes
2answers
35 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?
2
votes
1answer
28 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 ...
0
votes
0answers
33 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 ...
1
vote
0answers
19 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 ...
1
vote
2answers
26 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 ...
0
votes
1answer
37 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 ...
0
votes
1answer
83 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 ...
1
vote
1answer
29 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 ...
0
votes
1answer
30 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-...
1
vote
1answer
22 views
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
3
votes
1answer
43 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 ...
2
votes
1answer
70 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 ...
3
votes
1answer
138 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 ...
1
vote
2answers
151 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.
3
votes
3answers
106 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.
...
3
votes
3answers
88 views
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 ...
3
votes
1answer
43 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,...
1
vote
1answer
75 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 ...
1
vote
2answers
292 views
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 ...
2
votes
1answer
703 views
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) ...
0
votes
2answers
104 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. ...
2
votes
1answer
42 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 ...
0
votes
1answer
288 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 ...
0
votes
0answers
36 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 ...
1
vote
1answer
42 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?
1
vote
1answer
53 views
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 ...
0
votes
1answer
64 views
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 ...
2
votes
2answers
289 views
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 ...
1
vote
1answer
165 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?
1
vote
0answers
19 views
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 ...
1
vote
1answer
189 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 ...
1
vote
1answer
47 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 ...
0
votes
2answers
143 views
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 ...
1
vote
0answers
40 views
Patent Drawings missing, presents drawing of a another patent? How to get related drawing?
In reference to the patent: US2002098
0
votes
1answer
522 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 (...
0
votes
1answer
64 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 ...
2
votes
2answers
58 views
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
...
0
votes
1answer
16 views
I'm looking for a market product that uses this patent and owner of US8047843 [duplicate]
In reference to the patent: US8047843
0
votes
1answer
394 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 ...
4
votes
3answers
630 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 ...
0
votes
1answer
52 views
is a computer listing necessary for a provisional utility patent?
My invention is a printed circuit board with a micro-controller, which runs my software algorithm.
The algorithm is about 3500 lines of source code.
I just read USPTO rule that computer listing of ...
1
vote
2answers
112 views
Can provisional applications be sold/assigned?
Can provisional applications be sold/assigned?
I don't just mean in theory, but is buying provisional applications something that companies do?
I'm not asking about "suing the Goliath", but rather ...
1
vote
2answers
99 views
Any Chance the USPTO will accept 3D Models as Digital Prototypes in the future?
Has anyone who is familiar with any modernization efforts of the US patent system heard proposals to accept 3D Digital models in addition or in lieu of patent drawings? If so do you have any ...
1
vote
2answers
111 views
My competitor and I both have patents. And now they are sueing me!
My competitor and I both have Patents on a specific designed product. My Patent goes as far as to "reference cite" their Patent right on the cover of my Patent.. How can they sue me if the Government ...
4
votes
1answer
67 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, ...
1
vote
1answer
331 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 ...
3
votes
2answers
2k 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 ...
2
votes
1answer
169 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
1answer
2k 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
56 views
How to search by international classification at USPTO
I am trying to get list of granted patents searched by class at http://patft.uspto.gov/netahtml/PTO/search-adv.htm
I am trying the following string.
Anybody have any Idea how to do this.
icl/C07 AND ...
