How does the USPTO access INPADOC data for patent family information?
How does the USPTO access INPADOC data for patent family information? The USPTO accesses INPADOC (International Patent Documentation Center) data for patent family information through various means: Online search tools: Examiners can use specialized online databases that incorporate INPADOC data. Automated products: The USPTO utilizes software and databases that integrate INPADOC information. External resources: Examiners…
Read MoreWhat is the role of the United States Patent Classification (USPC) system in modern patent searches?
The United States Patent Classification (USPC) system, while no longer the primary classification system, still plays a role in modern patent searches: Serves as a secondary classification system Remains available for searching older U.S. patent documents Complements the CPC system for comprehensive searches According to MPEP 902, “The United States Patent Classification System (USPC) is…
Read MoreWhat is the basis for classification in the U.S. Patent Classification System (USPC)?
The basis for classification in the U.S. Patent Classification System (USPC) is primarily outlined in the “Examiner Handbook to the U.S. Patent Classification System.” As stated in the MPEP: “Many of the principles that form the basis of classification within USPC used in the U.S. Patent and Trademark Office are set forth in the ‘Examiner…
Read MoreHow does the U.S. use the International Patent Classification?
The United States Patent and Trademark Office (USPTO) uses the International Patent Classification (IPC) in conjunction with its own classification system. According to the MPEP: “In accordance with the Strasbourg Agreement Concerning the International Patent Classification, the United States is required to indicate on its issuing documents the classification symbols of the International Patent Classification…
Read MoreWhat are the U.S. reservations and incompatibilities regarding PCT Rules 49.5(c-bis) and 49.5(k)?
The United States has declared that PCT Rules 49.5(c-bis) and 49.5(k) are incompatible with U.S. national law. According to MPEP 1803: “PCT Rules 49.5(c-bis) and 49.5(k) continue not to be compatible with the national law applied by the USPTO as a designated Office. See 35 U.S.C. 371(c)(2). As a result, PCT Rules 49.5(c-bis) and 49.5(k)…
Read MoreHow does the U.S. handle non-English portions in PCT applications?
The United States Patent and Trademark Office (USPTO) has made a notification of incompatibility regarding PCT Rules 20.1(c), 26.3ter(a), and 26.3ter(c), which allow for an international filing date to be accorded even when portions of an application are in a non-accepted language. According to MPEP 1803, “PCT Rules 20.1(c), 26.3ter(a) and 26.3ter(c) are not compatible…
Read MoreWhat is the U.S. stance on international publication under the PCT?
The United States has declared that international publication is not required for PCT applications where the U.S. is the only designated state. This is based on PCT Article 64(3), which states: “Accordingly, under PCT Article 64(3)(b), if the United States is the only PCT Contracting State designated in an international application, the international application will…
Read MoreWhat languages does the U.S. Receiving Office accept for PCT applications?
The U.S. Receiving Office only accepts PCT applications in English. This is based on 35 U.S.C. 361(c), which states: “The U.S. Receiving Office continues to accept applications only in English.” It’s important to note that this restriction applies specifically to the U.S. Receiving Office, and other countries may have different language requirements for PCT applications.…
Read MoreWhat classification system is used for U.S. utility patents published after December 31, 2014?
According to the MPEP 902.03, U.S. utility patents and U.S. utility patent application publications published after December 31, 2014, do not receive a designated U.S. patent classification. The manual states: “U.S. utility patents and U.S. utility patent application publications published after December 31, 2014, do not receive a designated U.S. patent classification.” This change reflects…
Read MoreHow can a U.S. attorney withdraw from representation in a PCT application?
U.S. attorneys wishing to withdraw from representation in PCT applications should follow these steps: Submit a request to withdraw to the International Bureau or the receiving Office at Mail Stop PCT. Include current mailing addresses of the withdrawing attorney and the applicant. Each attorney of record must sign the withdrawal notice, or there must be…
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