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5 votes

Downloading XML for USPTO patents

You can also try USPTO Bulk Data. Enter your patent number in corresponding refine field. After filtering patents press Request download (XML).
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  • 196
4 votes

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

Regarding "if the Canadian guy's patent is rejected, can I try", I assume you mean "can I try to patent it". The answer is no, insofar as what you want to patent is contained in (or obvious in light ...
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  • 41
4 votes

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

A pending patent application does not provide the owner with any enforceable exclusionary rights to stop others from making, using, offering for sale, selling or importing the claimed invention. So, ...
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  • 599
4 votes

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

The USPTO tries to follow the law and the rules. To show a person skilled in the art how to make and use an invention doesn't mean you need to give them production blueprints - especially in the "...
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4 votes
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Downloading XML for USPTO patents

Google is the clearing house for USPTO XML, via their Bulk Downloads site. The Grant Full Text is probably what you're looking for. The only company (that I am aware of) that currently offers full ...
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  • 1,775
4 votes

Is there a custom or policy of obfuscating dangerous details in patents?

Originally, there was a requirement that the inventor teach the best mode (that the inventor knows about) in the specification. In recent years, that requirement has been a bit relaxed, but it still ...
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4 votes

Any Chance the USPTO will accept 3D Models as Digital Prototypes in the future?

Not an answer. Just comment too long to fit the comment section. Such feature won't be seen as essential or even necessary. When studying patents, I sometimes feel that "Geeze, I need a 3D model to ...
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  • 646
4 votes
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How can the difference between "Priority Date" and "Filing Date" be greater than 1 year?

It is likely you are seeing the effects of a continuation (or divisional, outside of the US). The continuation retains the priority date of its parent, but has a much later filing date. By way of ...
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  • 7,043
4 votes

How should I patent my behavioral bio-metric identification idea in the US or Europe?

We are confused where to register the patent? US or Europe? Patents are territorial. If you want to prevent competitors from using your invention in the US, then you'll need a US patent. If you want ...
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  • 7,043
3 votes

Can a same provisional application be filed in two different countries?

A provisional application is filed to secure an early priority date for your invention. Once you have filed a provisional application you may go ahead and file a complete application within 12 months ...
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3 votes
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Is there any way to search classification of USPTO?

There is an alphabetical index of USPC classes that you can use. For example, if you look up the word "mouse", you'll see that they are included in class 345. http://www.uspto.gov/web/patents/...
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3 votes
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Examiner's search for prior art. Does it include non-published applications and patents younger than the priority date?

Before publication, the examiner can't cite it. After it publishes, it can be used as prior art, back dated with the date of the filing or priority date. To contrast a patent with other publications:...
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3 votes

Can a YouTube video be submitted as prior art?

Yes, it can. I did a quick search and found over 100 patents with a youtube.com prior art citation. The earliest citations I found are in US 7783710, US 7844507, and US 7934725.
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USPTO different numbers for the same patent

When Google patents says "also published as" it is not being precise and that is a primary cause for the confusion. As you are aware, each country has its own system of patent numbering. More ...
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3 votes

How long for patent to get finalize?

The time required to get a patent depends on various factors, some of which are: The country in which the patent application has been filed The field of technology to which the patent application ...
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  • 776
3 votes

How quickly a patent can be granted from uspto with the help of lawyers etc if I am from India?

Firstly, Form 25 (Request for permission for making patent application outside India) has to be filed by the resident of India in the Indian Patent Office before filing the patent application in other ...
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  • 776
3 votes
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Patent Number suffix A1 / B2 etc.

These are kind codes. They are effectively version numbers for published versions of the patent application. Every country has their own set of kind codes, but typically an A code (such as A1) ...
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  • 7,043
3 votes
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Arguments allowed in "Concise Description of Relevance" in USPTO prior art filing

The USPTO FAQ explains in detail (with examples) what can be included in concise description of relevance. The concise description of relevance must not propose rejections of the claims. Instead, ...
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  • 390
3 votes
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Can an employee of an European Company (applicant) represent his company before USPTO?

If the applicant is a company (juristic entity), then it may only use a patent practitioner to prosecute the patent application in the US. If the applicant is an individual or group of individuals, ...
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3 votes
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Why do patent description contains serial numbers like [0001], [0002] etc?

These are paragraph numbers. They are considered good practice to include since they aid referencing portions of the description, but are not mandatory. They are described in a extremely detailed ...
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  • 7,043
3 votes
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Can I link an unregistered eFiling to a new account?

Yes. In a USPTO pdf it states - "Once you have your Customer Number, you must also associate your current patent applications with it. . . . - Download and complete the Customer Number Upload ...
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3 votes
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Do you need to file Information Disclosure Statements for US Provisional Apps?

It's more than not necessary. It's not possible. 37 CFR § 1.51(d) provides: Applicants are encouraged to file an information disclosure statement in nonprovisional applications. See § 1.97 and § 1....
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  • 7,043
3 votes
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How long does the US duty of disclosure last?

The duty does not end at allowance - From the MPEP 2001.04 Information Under 37 CFR 1.56(a) [R-08.2017] 37 CFR 1.56(a) states that the duty to disclose information exists until the application ...
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3 votes

can foreign company file patent in USPTO without a lawyer?

USPTO permits filing of patent by individual inventor as applicant without patent attorney (lawyer). Company can be assignee and (I am not sure) need to be represented by registered attorney. Refer ...
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  • 1,202
3 votes
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Am I getting a response for Rescission of Previous Nonpublication Request?

Thanks for all the comments. Answering my own question. I first called the number of the Pre-Grant Publication Division at (703)605-4283 according to the SB/36 form, but that number turned out already ...
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  • 141
3 votes

Grant patent's front page item (72) inventor

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 inventor lives and the country which the city ...
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  • 1,299
3 votes
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Can a continuation be sold separately from the parent patent?

Yes, absolutely, as long as there is not a terminal disclaimer that ties the applications together. A terminal disclaimer might be required during patent prosecution to avoid a rejection based on ...
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  • 25.5k
3 votes
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Can one claim priority from a PCT application after filing non-provisional?

No, there is absolutely no way to include anything new in any patent application anywhere, no matter what the reason is, once the application has been filed. Your best option is to nationalize the ...
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3 votes
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Does the USPTO publish example applications?

Regarding examples - The USPTO lets anyone with an internet connection look at every application filed in the last 30 years or so that was published and/or resulted in a patent. All back and forth ...
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3 votes
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Why do few US patents have reference numbers in the abstract and claims?

In most of the world reference numbers are required in the claims and encouraged in the abstract. Reference numbers in claims are rarely seen in U.S. patents. It is not overly paranoid to think a ...
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