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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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1answer
24 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
12 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
14 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
30 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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1answer
105 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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6answers
5k views

How to get a patent or patent application permalink at the USPTO website?

I'd like to link to certain patents or patent applications filed with the USPTO. Google Patents makes this relatively straightforward, hosting patents & applications at this URL scheme: http:/...
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2answers
38 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
32 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 ...
3
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1answer
48 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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0answers
66 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
41 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 ...
1
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0answers
22 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
307 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 ...
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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 ...
3
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1answer
176 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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3answers
2k views

Does “Reasons for Allowance” in transaction history description of PAIR point to a probable patent grant in the near future?

Following are the recent transaction descriptions of a patent application with US PTO with filing date Dec-27-2013 retrieved using PAIR. 01-02-2016 Document Verification 12-22-2015 **Reasons for ...
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1answer
31 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 ...
3
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2answers
257 views

Canadian and intl patent application-in-process beat me to it

I had an idea for an invention. I found nothing similar on uspto.gov. Then I discovered Google Patents. I immediately found that someone from Canada is filing a patent for the same invention on the ...
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1answer
33 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
23 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
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2answers
188 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.
2
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1answer
97 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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3answers
91 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
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3answers
137 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
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1answer
53 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
87 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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2answers
428 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 ...
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1answer
810 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) ...
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2answers
103 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 ...
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2answers
114 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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3answers
673 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 ...
2
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2answers
1k views

USPTO different numbers for the same patent

How come sometimes a USPTO application/grant has many numbers form the same patent? For example: US6334845 (B1) is "also published as" US6422996(B2) and as US6413211(B2). I understand that the ...
2
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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 ...
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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 ...
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1answer
335 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
40 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 ...
3
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2answers
2k views

Downloading XML for USPTO patents

How can the XML (or its ZIP file) for a USPTO number (e.g. 8978162) be downloaded? Can this be done programmatically (API) and/or manually? The weekly releases (ca 6,000 entries) contain the type of ...
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1answer
44 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
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 ...
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1answer
131 views

What to pay for an initial patent submission?

I am submitting a patent application to be filed. The USPTO asks to tick appropriate services Filing | Search | Exam Do I need to select and pay all of them at this stage OR for example Exam is ...
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1answer
55 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 ...
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2answers
119 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 ...
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1answer
67 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 ...
1
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1answer
186 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
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 ...
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1answer
210 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 ...
49
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9answers
7k views

Can a YouTube video be submitted as prior art?

I'm trying to determine whether there is evidence that definitively confirms that a YouTube video can be submitted as prior art. If there is an example of one being used as the grounds for rejecting ...
1
vote
1answer
50 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
152 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 ...