Questions tagged [uspto]

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

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28 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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29 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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27 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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35 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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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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51 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
68 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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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 ...
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4answers
70 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 ...
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43 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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25 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 ...
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61 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 ...
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40 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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77 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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27 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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52 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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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
131 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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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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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 ...
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1answer
54 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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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
22 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 ...
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1answer
39 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 ...
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1answer
49 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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43 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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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 ...
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1answer
56 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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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?
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1answer
50 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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243 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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0answers
121 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
38 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 ...
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1answer
55 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 ...
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332 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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59 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 ...
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1answer
88 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
26 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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1answer
59 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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1answer
311 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 ...
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1answer
565 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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348 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.
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3answers
316 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. ...
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3answers
124 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 ...
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1answer
111 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
146 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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2k 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
2k 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
191 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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1answer
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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 ...