Question 1

What happens if there are deficiencies in the priority papers?

Accepted Answer

If priority papers are found to be deficient in material respects, such as failure to include the correct certified copy, applicants should ensure that there is sufficient time to remedy any defects. The MPEP advises: "Frequently, priority papers are found to be deficient in material respects, such as for example, the failure to include the correct certified copy, and applicants should ensure that there is sufficient time to remedy any defects." It's recommended to file priority papers as early as possible to allow time for correction if needed.

Question 2

When does the examiner require a translation of a non-English language foreign priority application?

Accepted Answer

If the applicant files the certified copy of the foreign application to overcome the effective date of a reference, a translation is required if the copy is not in English.

The examiner should require the translation when requesting the certified copy. The translation must be a complete translation of the certified copy, and must be accompanied by a statement that the translation is accurate. [MPEP 216]

Question 3

What happens if a priority document is not timely retrieved through the PDX program?

Accepted Answer

If a priority document is not timely retrieved through the PDX program, there can be significant consequences for the patent application. According to MPEP 215.02(a):

"If the priority document is not retrieved within the time period set in 37 CFR 1.55(g)(1), the applicant is notified and given a time period within which to file the certified copy in accordance with 37 CFR 1.55(g)(1)."

Consequences of untimely retrieval:

Applicant receives a notification of non-retrieval
A time limit is set for manual submission of the certified copy
Failure to submit within the time limit may result in loss of priority claim
Additional fees may be required for late submission

To learn more:

Question 4

How is access to provisional patent applications handled?

Accepted Answer

Access to provisional patent applications is handled differently from non-provisional applications. According to MPEP 104:

"In provisional applications, access or certified copies may only be requested by parties with written authority from a named inventor, the applicant, the assignee of record, or the attorney or agent of record, unless the application is available pursuant to 37 CFR 1.14(a)(1)(iv)-(vi)."

The MPEP further explains:

"Since provisional applications do not require an oath or declaration, there may be no power of attorney in the application."

This means that access to provisional applications is more restricted and typically requires specific written authority from key parties involved in the application. The absence of a required oath or declaration in provisional applications also affects how access is granted, as there may not be a formal power of attorney on file.

For more information on certified copies, visit: certified copies.

For more information on written authority, visit: written authority.

Question 5

What is the purpose of the nonpatent literature collection in patent examination?

Accepted Answer

The nonpatent literature collection serves a crucial purpose in patent examination, as outlined in MPEP 901.06:

"The collection of nonpatent publications in the Scientific and Technical Information Center (STIC) is for use by examiners in searching the prior art. These publications are found largely in the technology collection."

The primary purposes of this collection are:

To provide examiners with resources for conducting thorough prior art searches
To supplement patent literature with scientific and technical information
To ensure examiners have access to a wide range of relevant publications across various fields of technology

This comprehensive collection helps examiners make informed decisions about the novelty and non-obviousness of patent applications.

To learn more:

Question 6

Where can I find information about limitations or restrictions when using Rospatent as an ISA?

Accepted Answer

Information about limitations or restrictions when using Rospatent as an International Searching Authority (ISA) can be found in multiple sources. The MPEP advises: For any limitations or restrictions with Rospatent as an ISA, please refer to the PCT Information section of the Official Gazette found on the USPTO's website (www.uspto.gov/learning-and-resources/official-gazette). Additionally, for more detailed information, the MPEP suggests: For additional information, e.g., subject matter limitations, additional search fees, cited documents, etc., please refer to Annex D of the PCT Applicant's Guide found on WIPO's website (www.wipo.int/pct/en/guide/index.html). These resources provide comprehensive information on the scope and limitations of using Rospatent as an ISA.

To learn more:

Question 7

How can patent examiners access non-patent literature through STIC?

Accepted Answer

Patent examiners can access non-patent literature through the Scientific and Technical Information Center (STIC) in several ways:

Electronic Resources: STIC provides access to e-books, e-journals, and databases via the STIC NPL website.
Print Collections: Each Electronic Information Center (EIC) has a tailored print collection for its Technology Center.
Online Catalog: Examiners can use the STIC online catalog to locate materials, including e-books, e-journals, and print resources.
Reference Services: STIC staff can assist examiners in finding information in electronic and print collections.
Online Searches: STIC staff can perform prior art and bibliographic searches using commercial databases and subscription resources.

According to MPEP 901.06(a), "Examiners may use the Department of Commerce Libraries as well as other Federal Government libraries in the area." STIC staff can also guide examiners on accessing these additional resources.

To learn more:

Question 8

What is patent family information and how can examiners access it?

Accepted Answer

Patent family information refers to related patent documents that share a common priority. According to MPEP 901.07, examiners at the U.S. Patent and Trademark Office can access this information through:

Commercial databases
Automated search tools like EAST and WEST
Search services provided by the Scientific and Technical Information Center (STIC)
The Common Citation Document website via the Examiner's Toolkit

The MPEP states: Patent family information is available at the U.S. Patent and Trademark Office (Office) primarily through commercial databases.

To learn more:

Question 9

What is the importance of STIC resources in determining patentability?

Accepted Answer

STIC resources play a crucial role in determining patentability by providing examiners with comprehensive access to prior art and technical information. The importance of these resources is highlighted in MPEP 901.06(a):

"These resources provide material which must be known or searched to determine whether claims of applications are directly anticipated and, therefore, unpatentable under the provisions of 35 U.S.C. 102. STIC handbooks, textbooks, periodicals, reports, and other materials assist examiners in deciding the question of patentable invention in cases in which the primary search indicates that there is some novelty as compared to any single reference in the art (35 U.S.C. 103)."

STIC resources enable examiners to:

Identify relevant prior art for novelty and obviousness determinations
Access the latest technical information in various fields
Evaluate the state of the art at the time of invention
Make informed decisions on patentability based on comprehensive searches

By providing access to a wide range of technical literature and patent documents, STIC resources ensure that patent examinations are thorough and well-informed.

To learn more:

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What happens if there are deficiencies in the priority papers?

When does the examiner require a translation of a non-English language foreign priority application?

What happens if a priority document is not timely retrieved through the PDX program?

How is access to provisional patent applications handled?

What is the purpose of the nonpatent literature collection in patent examination?

Where can I find information about limitations or restrictions when using Rospatent as an ISA?

How can patent examiners access non-patent literature through STIC?

What is patent family information and how can examiners access it?

Financing patents for pre-angel or pre-seed startups

What is the importance of STIC resources in determining patentability?