Questions tagged [uspto]
United States Patent and Trademark Office, the body which issues patents in the USA.
139
questions
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1answer
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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 ...
0
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1answer
46 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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0answers
15 views
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 ...
1
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1answer
30 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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1answer
15 views
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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1answer
16 views
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....
0
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1answer
26 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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2answers
51 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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2answers
58 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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1answer
31 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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1answer
31 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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1answer
31 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 ...
2
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1answer
36 views
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 ...
1
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0answers
28 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 ...
1
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1answer
57 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 ...
0
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2answers
70 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?
1
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2answers
43 views
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 ...
1
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4answers
72 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 ...
0
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2answers
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.
...
0
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1answer
27 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 ...
0
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1answer
76 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 ...
0
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1answer
46 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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1answer
106 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:
“...
0
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1answer
46 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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1answer
59 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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1answer
42 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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1answer
189 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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1answer
28 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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1answer
28 views
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 ...
1
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1answer
82 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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0answers
28 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
24 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 ...
2
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1answer
51 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 ...
0
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1answer
61 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 ...
0
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1answer
44 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 ...
0
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1answer
18 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 ...
2
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1answer
69 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 ...
2
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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?
2
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1answer
53 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
286 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 ...
2
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0answers
148 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
44 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
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1answer
56 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
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1answer
426 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
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1answer
68 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
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1answer
104 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
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1answer
30 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
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1answer
60 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
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1answer
363 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
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1answer
694 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 ...
