How do kind codes differ between U.S. and foreign patent documents?

Kind codes for U.S. and foreign patent documents differ in their specific designations and meanings. The MPEP 901.04(a) states:

“It is noted that many foreign patent documents, as well as U.S. patent documents, are not sent to a printer for printing of the second level kind codes. The kind codes printed on these documents are the first level kind codes assigned to these documents at the time of printing.”

This means that while U.S. patents use specific codes like A1, B1, etc., foreign patent documents may use different systems. For example:

  • European Patent Office (EPO) uses A1 for first publication, A2 for subsequent publications, and B1 for granted patents.
  • World Intellectual Property Organization (WIPO) uses A1 for published applications with search report, A2 without search report, and A3 for later-published search reports.

It’s important to familiarize yourself with the kind code systems of different patent offices when conducting international patent searches.

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Tags: Foreign Patents, international patent search, kind codes, u.s. patents