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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
50 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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1answer
172 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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3answers
402 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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2answers
16 views

Is the language '[a] method as claimed in any preceding claim" only available if a special fee is paid for combinations, variation or permutations?

I have a somewhat vague recollection that you can pay an extra fee that will entitle you to the variations, combinations and/or permutations of the individual claims; if you add a language like that ...
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1answer
9 views

After NFOA, can you amend your independent claim by subject matter in your description although not claimed first without substantial repercussions?

It is a general practice to pull in dependent claims into the independent claim after the first NFOA to make it pass with a narrower scope especially when a dependent claim has already received Notice ...
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1answer
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Is the "Notification Date" the same as the "Mailing Date of [the Office Action]"? ...and relating ambiguities

An NFOA includes that the "[s]hortened statutory period for reply is set to expire 3 months from the mailing date of [that] communication"; however, the language mailing date appears rather ...
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1answer
20 views

Receiving NFOA way after an appeal brief was filed after a complete final rejection & rejective advisory action, does it indicate room allowance?

Bob receives a final rejection in August, 2020, without anything allowed or even indicated that any change could over come the rejections and allowance could be achieved. Bob files a files an action ...
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0answers
32 views

Citing a blog in background information (not prior art)

For a USPTO utility patent, in my background section I would like provide a reference to an interview (the interview included in a blog post available at archive.org). This is not a prior art ...
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7answers
7k 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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1answer
46 views

Does a patent application search on USPTO.gov cover granted patents as well?

I'm trying to do my own patentable idea search but noticed that an idea might appear in the USPTO granted/assigned patent database as well as their patent application database. How can I perform a ...
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2answers
63 views

How to avoid losing your work on the PTO's web based application system

I'm using the USPTO's EFS-WEB, and after spending an hour adding documents to a new application, I had to take a break. I wasn't active for an hour and my application disappeared completely. Is this ...
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1answer
31 views

USPTO classification databse

I´m new in research in patent classificacions and need to get the CCL: Current US Classification, CPC: Current CPC Classification, CPCL:Current CPC Classification Class and ICL: International ...
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2answers
37 views

Do slow or difficult USPTO patent examiners frustrate companies to the extent that they reduce research and development?

The answer likely depends on 1) to what extent the firms rely on patenting, and 2) whether the firm can get around difficult examiners/art units. Please provide anecdotal examples or experiences, if ...
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2answers
32 views

Which IDS form works on the PTO website?

I can't get the PTO's web system to accept my IDS. The error statement says, The version of the USPTO Fillable Form you are attempting to attach is outdated. Please go the following website to access ...
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1answer
69 views

Developing a software module to access USPTO Private Pair for my firm

I was told USPTO does not provide API for accessing their Private Pair data. However, I understand that a few docking software available claim that they are access USPTO Private Pair with the right ...
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1answer
71 views

Is the trademark search feature on USPTO.gov (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 ...
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1answer
3k 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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0answers
34 views

How can I improve a PCT?

I have applied for a national patent and then I applied for a PCT claiming priority over the national patent and then I applied for a second national patent with improved content over the PCT just few ...
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1answer
36 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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1answer
54 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
53 views

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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1answer
32 views

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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1answer
21 views

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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1answer
7k 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 ...
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1answer
60 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
25 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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1answer
28 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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0answers
46 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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0answers
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
42 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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4answers
301 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 ...
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1answer
162 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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1answer
68 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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1answer
59 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
25 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 ...
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1answer
34 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
26 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
20 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....
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1answer
76 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
88 views

Can a patent be applied for a scheme or product, that uses available techniques, to satisfy a specific purpose?

I came across an article stating that the co-founder of Molo rewards has sued Google for allegedly infringing US Patent No. 7,298,271(Link to the patent). On looking into the patent, it is clear that, ...
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1answer
38 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
56 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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1answer
42 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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1answer
41 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
34 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
39 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 ...
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1answer
62 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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2answers
73 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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2answers
50 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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2answers
49 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 ...