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Questions tagged [uspto]

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

49
votes
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 ...
19
votes
4answers
770 views

Can a granted patent be deeded to the public?

Please note, I'm not speaking in the context of a land patent, I just could not think of a better word than deed. Let's say that: I have a concrete implementation of something that can be patented I ...
11
votes
1answer
4k views

How long does it take a patent application to appear in the USPTO database?

I have several patents that I have filed which have been received by the USPTO, but have yet to appear when I search the USPTO online database. How long is the delay between filing and appearance on ...
11
votes
3answers
575 views

Should I file a provisional application?

In the past I've been discouraged from filing provisional applications (in the US), but the new "first to file" provisions of the "America Invents Act" would seem to make a provisional application a ...
10
votes
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:/...
10
votes
1answer
437 views

Can willful patent infringement exist without prior notification?

In order for a company to accuse an organization of willful infringement, or allege that they are actively and knowingly infringing on a patent, must the patent holder first send the allegedly ...
8
votes
4answers
847 views

Do USPTO examiners search open-source codebases?

I have read many patent prosecution histories (on PAIR), but have never seen one that references an open-source codebase as grounds for a rejection. Instead, examiners have a tendency to rely heavily ...
7
votes
3answers
690 views

How would I file a Provisional Patent by myself?

I have a great idea that I would like to protect, but I don't have the budget for a patent attorney at the moment. I was thinking to do it by my own. I wanted to know if I try my best to define the ...
5
votes
2answers
242 views

When can new prior art be brought during prosecution? How can we help?

I am looking for a clarification ideally for both USPTO and EPO procedures. I thought that: applicant could (must for US) bring new prior art anytime during prosecution until grant (through IDS for ...
5
votes
1answer
432 views

USPTO Patent XML, understanding the us-field-of-classification-search element

I'm working with XML from the USPTO bulk download which provides weekly downloads of XML of published patent grants. I'm using this documentation to understand the files. I'm having trouble ...
4
votes
3answers
553 views

Prior art shared with the USPTO

The USPTO started allowing the public to submit prior art just last year. How will the public know if prior art that is submitted through the third party submission system was used to reject a patent ...
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, ...
4
votes
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 ...
3
votes
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 ...
3
votes
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 ...
3
votes
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
votes
2answers
52 views

How to do USC Class Title seach on USPTO

Is it possible to do search class numbers based on the title, text or description related to the class. On EPO and WIPO one can search for classes based on text search. I could not find any such ...
3
votes
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,...
3
votes
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
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 ...
3
votes
1answer
40 views

Does Priority Examination delay other patents?

I am assuming there is research and a conclusion on this, instead of just a discussion. Prioritized Examination allows patents to get examined in a year for a fee. I know of patent attorneys that ...
3
votes
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 ...
3
votes
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 ...
3
votes
1answer
288 views

How to remove a file attached in a USPTO EFS WEB application?

I added a file which was found to contain some PDF errors (missing font) and the EFS web site is asking me to remove the file and reattach a correct version. Alas, I can't find any "remove" button or ...
3
votes
2answers
354 views

Is it possible to search patents by assignee?

My name is Jesse L Culpepper. I would like to know how many patents are in my name.
3
votes
3answers
736 views

Patent filing procedure without a patent attorney

This is the first time I'm thinking about filing a patent, and I don't know where to start. First of all I'm not from the USA but I want to file a patent with the USPTO without a patent attorney as I ...
2
votes
3answers
168 views

What is a good way to locate (and choose) a U.S. patent attorneys office that specializes in a given area within a field

What's the best way to find specific patent firms and individual attorneys who specialize in the technology area of my application? It seems that the best patent attorneys tend to have specialties. ...
2
votes
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 ...
2
votes
3answers
199 views

How long for patent to get finalize?

How long dose it take to get a patent finalized? I have had a patent filed since July 2013, and I'm still waiting.
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 ...
2
votes
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
votes
1answer
814 views

USPTO examiner/staff financial background check and disclaimers

I've always wondered if there was a financial background check on the examiner and all other USPTO staff that work on a patent application. Or if there is a disclaimer section for those who worked on ...
2
votes
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 ...
2
votes
1answer
181 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
69 views

Is there any way to search classification of USPTO?

Is there any way to to search classification of patent in CPC or USPC by keyword? E.g I want to know what class "computer mouse" is, but it seems the search page assume that I already knew the code ...
2
votes
3answers
155 views

Is there ex parte reexamination statistics narrowed to software patents only?

uspto.gov publish statistics quarterly, but the numbers are averaged from all industries and fields. I am trying to figure out whats chances a software patent had in 2011/2012 to go through a ex parte ...
2
votes
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
votes
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 ...
2
votes
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 ...
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 ...
2
votes
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) ...
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 ...
2
votes
1answer
58 views

Is it true that a USPTO patent not safe from European companies?

All feedback is greatly appreciated. I'm a very young inventor.
2
votes
1answer
62 views

Time Limits on Filing Closed EPO application in United States?

A previous application for an European Patent Grant was "closed" by the European Patent Office. What is the time limit the same application can be filed with US Patent Office?
1
vote
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.
1
vote
3answers
220 views

“Undue experimentation” - why isn't the patent office more demanding to minimise it (e.g. provide parts list)?

The majority of the patents I've looked at read to me as outlines of research projects rather than detailed descriptions of how to make something. (I am a person of ordinary skill in the art; I have a ...
1
vote
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 ...
1
vote
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 ...
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 ...
1
vote
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 ...