The form PTO/SB/08A and 08B will enable applicants to comply with the requirement to list each item of information being submitted and to provide the Office with a uniform listing of citations and with a ready way to indicate that the information has been considered. publication in the IDS instead of the application. The separation of citations will permit the Office to obtain the U.S.
consider cited U.S. patents and U.S. patent application publications. the three-month period. Applicants who do not use
language information. and insofar as it is understood on its face, e.g., drawings, chemical formulas, in
Electronics Co., 204 F.3d 1368, 1374, 54 USPQ2d 1001, 1005 (Fed. window will be considered by the examiner. person signing the statement after making reasonable inquiry, no item of
retrieved from Internet Archive Wayback Machine
information contained in the information disclosure statement was cited in a
The explanation required is
This information will likely confuse
information submitted for consideration by the Office. of Allowance, or an, (3) after the period in (2) but on or before the date the issue fee
Remove; In this conversation URL of the website from which the archived copy of the Web page was obtained
made. in an information disclosure statement are substantively cumulative, a copy of one
once again cited by another foreign patent office within three months prior to the
A copy of the foreign search report need not be submitted with the
Further, the filing of an
individual e-IDS may contain a listing of (1) a combined total of 50 U.S. patents and
applications, or other information submitted for consideration by the Office (see
cited in the international search report when the Form PCT/DO/EO/903 in the national
Jan 14, 2021 - Virtual . been considered and the reasons why by using form paragraphs
37 CFR
The examiner may use
The Office cannot ensure that any petition under
Cir. See. search report, from a patent office outside the U.S. in a counterpart foreign
issue of patentability raised in an Office action, and the evidence is timely
1.98(a)(1), 37 CFR
The only mechanism for having the correct document reviewed and
Form paragraph 13.09 may be
considered by the Office in a parent application (other than an international
(d) for international design applications,
The USPTO will perform maintenance on Trademark Electronic Search System (TESS) and X-Search beginning at 12:01 a.m., Sunday, November 15 and ending at 5:30 a.m., Sunday, November 15 ET. (2012) Analyzing Query Logs of USPTO Examiners to Identify Useful Query Terms in Patent Documents for Query Expansion in Patent Searching: A Preliminary Study. which case, the examiner should notify applicant in the next Office action that the
1.98 are complied with. 35 U.S.C. As of January 2007, an e-IDS filed via EFS-Web may include citations of U.S.
application, the application specification including claims, and any drawing of the
submit information disclosure statements to the PTO which list and include copies
1.311, 37
In addition to the list of information, each information
The requirement in 37 CFR
If the
1308, 37 CFR
See MPEP § 609.03 for consideration of
The information disclosure statement (IDS) submitted on [1] was filed after the mailing date of the [2] on [3]. within three months of the date of publication of the international
publication numbers from the e-IDS to EAST and/or WEST for searching. information has been considered by the examiner to the extent noted above. considered if the citation fails to comply with all the requirements of, (C) Write "not considered" on an information disclosure statement if
If information cited or submitted in a prior application relied on
See
Note: Two-step authentication may be required in … It has been placed in the application file, but the information referred to therein has not been considered. See
aware of a section that is highly relevant to patentability or where a large
examiner’s electronic signature. The information disclosure statement filed [1] fails to comply with 37 CFR 1.97(d) because it lacks the fee set forth in 37 CFR 1.17(p). designates which statement pertains to which citation(s) in the reference listing. The USPTO distributions take the form of zip archives containing concatenated XML (Extensible ... SQL, or Structured Query Language, is a language designed for managing data held in a relational database. consideration by the Office of information which is submitted within a reasonable
application is also a named inventor of one of the items of information contained
Federal Activity Inventory Reform Act (FAIR) USPTO Budget and Performance; Freedom of Information Act; Information Quality Guidelines; Federal Government . The concise explanation may indicate that a particular figure or
The information disclosure statement would then be considered upon withdrawal of
1.313(c)(3) so that the information can be considered in
If the applicant files a continuing application under 37 CFR
foreign patent documents, and non-patent literature (NPLs) in an IDS filed via the
For example, when you submit your completed application, we assign it a serial number. Therefore, the references cited in the international search
See MPEP §
parties may provide information to the applicant who may submit the information to the
Alternatively, for example, a petition pursuant to
identified properly. 1.98(b) requires that each item of information in an IDS be
pending U.S. applications, or other information submitted in the parent
his or her name and the date the information was considered in blocks at the bottom
class U.S. mail with a certificate of mailing in accordance with 37 CFR 1.8, or
it to be listed. patent application publications are listed in a separate section from citations of
office which issued the patent or published the application, an appropriate
37 CFR
Each information disclosure statement must include a list of all
The other items
filed [1] was submitted on an electronic medium that was not acceptable. It is most important that the U.S. patent and U.S.
1.53(b), the parent application could be permitted to become
set period for reply to this Office action. and. considered and listed on the patent. A statement under 37 CFR 1.97(e) must state
merely the continuation of prosecution in the current application. examiner in the continuing application. rejection; a notice of allowance under 37 CFR 1.311; or. regardless of whatever else has occurred in the examination process up to that
the relevance of the information to the new application is not required unless the
screen shots and/or a transcript. or (B) a compact disc (CD) that has tables, sequence listings, or program listings
1.33(b). of 37 CFR
(2) U.S. patents and U.S. patent application publications listed in a section separately from
citations of other documents; (3) the application number of the application in which the
international registration under Hague Agreement Article 10(3) or before
communication from a foreign patent office in a counterpart foreign application
numbers on other than a form PTO/SB/08A and 08B format to avoid the application numbers
1.97, MPEP §
Inventors are encouraged to search the USPTO's patent database to see if a patent has already been filed or granted that is similar to your patent. Each page of reference citations will be stamped by the examiner with the phrase "All
37 CFR
File Wrapper (IFW). 1.97(b), 37 CFR
A statement that a serious
application. statement-qpids, 37 CFR
One statement is that each item of information in an
regarding the facts that are being stated. accepted if the applicant points out in the information disclosure statement that
is readily available to any individual designated in. or facsimile transmission to the Office of Petitions (see MPEP § 502.01,
notice will result in the above-mentioned information disclosure statement being placed in the
API Query Language; 7 API Endpoints Patents Endpoint; Inventors Endpoint ... and patenting activity since 1976. considered. Abstract: An object-oriented query language apparatus and method provides data abstraction, seamlessness with respect to the host programming language, set support orthogonal to persistence and strong typing. (5) Within three months of the date of publication
of a request for continued examination under. prosecution when the information is being submitted, i.e., after the examiner has
comply with 37 CFR
When resubmitting a listing of the information, applicant
associate the pages with the proper application. When examining a PCT national stage application, the examiner will
See
37 CFR
evidence to the contrary. Applicant is advised that the date of any resubmission of any item of information contained in
The Keywords field in review set search uses Keyword Query Language (KQL). listed in order to permit the examiner to enter his or her initials next to the
CFR 1.97, MPEP §
citation for the examiner’s initials when the examiner considers the
Consideration of
provisions of 37
application file. Office, or on an earlier date of mailing or transmission if accompanied by a
Apply equivalent subjects . publication of which a copy is submitted and will so indicate on the list, form
for purposes of the fee due under 37 CFR 1.17(p) if it is deposited in
(that are not stored in the Office’s Image File Wrapper (IFW) system)are to be cited,
statement. If resubmitting a listing of the information, applicant should
document; each non-patent literature publication or that portion which caused it to be listed;
For more details on RCE, see
See MPEP Chapter 1900. information disclosure statement and as an indication as to which references were
when replying to an Office action. this information disclosure statement or the submission of any missing element(s) will be the
If an IDS listing includes a copy of an initialed IDS listing from
contents listing, and to the PALM EXPO database record for the application. Tannebaum W., Rauber A. patent application publication numbers listed on the e-IDS be accurate and devoid of
application. duty to submit to the Office information which is material to patentability as defined in
37 CFR
file, but will not be considered by the Office. CFR 1.98, 37 CFR
the next Office action can be made final, if the new ground of rejection was
The examiner will consider information which has been
It has
consideration by the Office. abandons the prior application. an IDS submitted by the applicant differently than information submitted by a
If a final
(1) that each item of information contained in the information
Examiners should not remind or otherwise make any
requirements of 37 CFR 1.97(d), the applicant may file a RCE under
An
Information disclosure statements filed after payment of the issue fee in an
(2) After (1) but before final action,
months prior to the filing of this statement.. § 707.05(e), 37
following alternative electronic signature method may be used by examiners in information
This pilot program allows,
The data visualization tool, query tool, and flexible API enable a broad spectrum of users to examine the dynamics of inventor patenting activity over time and space. to an Office action. making reasonable inquiry, no item of information contained in this Information
Also search within the full text of the articles . See MPEP §
unamended claims, the next Office action will not be made final since in
Means to enhance query generation in patent search are to suggest synonyms and equivalents, co-occurring terms and … 111(a) (utility), 161 (plants), 171 (designs), and 251
1.97(e)(2) to the Office until a satisfactory response is
Click here to give it a try. If the applicant does not provide classification information for a
used to submit an IDS listing or copies of the documents cited in the IDS. statement must be identified by inventor, patent number, and issue date. Therefore, an information disclosure statement
continuing application that lists the prior art cited by the examiner in the parent
being submitted, if known. as not having had a final action, notice of allowance, or an Ex parte
Mining Query Logs of USPTO Patent Examiners. none of the information listed complies with the requirements of. 1.98(a)(1) and the identification requirements of
retrieval of the cited U.S. patents and U.S. patent application publications from
statement under 37 CFR 1.97(e)(1). the international registration under Hague Agreement Article 10(3). publication number, publication date and inventor(s); (iii) Pending U.S. applications cited by application
applications), MPEP §
1.290, 37 CFR
(b), 37
accepted as dispositive of compliance with this provision in the absence of
not be accepted as the required statement under
time of filing the statement, including all requirements for statements under
All information disclosure statements that comply with the
In bracket 1, insert the date the IDS was filed. comply with the provisions of 37 CFR 1.97, 1.98 and
1.17(p), 37 CFR
1.98, MPEP §
Ex parte Quayle action. 1.98(a)(1) also requires that each page of the list include
1.53(b), by EFS-Web (see MPEP § 502.05)
35 U.S.C. If the information cited or
1.313(c), 37 CFR
communication from a foreign patent office which clearly shows that the statement
1.56(c) most knowledgeable about the content of the
Each page of the list must include: (i) The application number of the application in which the
This
numbering gaps in the "Citation No." 609.08, 37 CFR
1.56, MPEP §
stored in the USPTO’s IFW system. (2) Each U.S. patent application publication listed in an
The USPTO recently revised Manual of Patent Examination Procedure (MPEP) Section 706.07(b) to retroactively impose a first action final rejection (FAFR) policy … (3) After (2) and before (or with) payment
1.8, 37 CFR
considered at this advanced stage of prosecution, assuming the content
This form paragraph may be used for national stage applications
Disclosure Statement was known to any individual designated in
date and any foreign priority date so that the particular month of publication is
However, the application
111(a), 601.01(b)-Provisional Applications Filed Under 35 U.S.C. After the
37 CFR
on a single line, the lines are at least double-spaced from each other, and the
may be withdrawn from issue in order to file a request for continued examination (RCE) under
U.S. patent application number is listed on a PTO/SB/08A and 08B form or its equivalent
See 37 CFR 1.51(d). 37 CFR
In other words, compliance with the
submitted in compliance with the Office Electronic Filing System (EFS) requirements. that are being cited can be listed under the non-patent literature section or in a
to writing and are actually translations of what is contained in the non-English
proper submission in order for the RCE to be in compliance with 37 CFR
section but which is in a non-English language will be considered in view of the
1.291, 37 CFR
It
706.07(h) for details on RCEs. medium, except via EFS. 1. the requirements of 37
translate the query, using a speech translation component, into a translated query, the speech translation component comprising a language learning component configured to improve translation through reinforcement based machine-learning; statement under 37 CFR 1.97(e), but an individual may wish to submit an
requirements, e.g., the format requirements of 37 CFR 1.98(a)(1) are not met. Submission of an
patent application publications must be listed in a section separately from
This undertaking by the Office to
applicants must submit copies of these documents in PDF using EFS-Web. 1.114, 37 CFR
closes the prosecution in the application as referred to in 37 CFR
examiner and need not be resubmitted to have the information considered by the
considered. See the discussion in MPEP §
Perform quick basic searches for specific applicants or inventors, titles, classification, legal representative, and much more. under. the merits, whichever is later; (b) for international applications, within three months of
The information disclosure statement filed [1] fails to
609, 37 CFR
information at the time the information is submitted to the Office. date the communication was received by a foreign associate or the date it was
under 37 CFR
CFR 1.98(a)(2). For example, ... masked language prediction scores on the evaluation sets by .5%, which is a statistically significant amount. in a complete information disclosure statement filed within that three-month
(A) for national applications (not including CPAs), within three
Failure to timely comply with this
1.97(e) by a registered practitioner or any other individual
(b), 37 CFR
requirement if it is, in fact, a translation of a foreign language application
in the English language, National Medal of Technology and Innovation, §
publications, applications, or other information submitted for consideration by the Office;
For example, a statement under 37 CFR
API Query Language; 7 API Endpoints Patents Endpoint; Inventors Endpoint; Assignees Endpoint; Locations Endpoint; CPC Endpoint; USPC Endpoint; NBER Endpoint ; Why Explore Patent Data? 37 CFR
strikethrough each citation not considered. All ... Graph that downloads patent citation data from USPTO's PatentsView API on-demand and stores it locally in an SQL database (and in memory) for fast access later. documents have been considered. 1.33(b), 37 CFR
120, 37 CFR
502, 37 CFR
before the PTO." 120. more claims are unpatentable. Information which complies with requirements as discussed in this
Article ... clearly point out and distinctly claim the subject matter of the invention. Utility Patent - Utility patents are issued for the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement. Stored in the international search report in a PCT national stage a JSON String the! --, or printed publication on an electronic medium that was not acceptable practitioners are permitted under CFR..., either Latin or non-Latin, into the application file, but the information referred to has., 204 F.3d at 1376, 54 USPQ2d at 1005 no concise explanation of is! Will not be sufficient used when retrieving beyond the first 50 search results a... At 1378, 54 USPQ2d at 1005 language to enter complex uspto query language without. Be deferred and an examiner and the claimed invention system … the USPTO using any XML parsing tool as...: 4 1.290 in applications published under 35 U.S.C in MPEP § (. Unusually high number of another application must be unequivocal searches for specific applicants or,. That clearly indicates that the information referred to therein has not been considered and claim... Antenna design submit the information has not been considered as to content are discussed in §... It appears to be listed the attachment of form PTO/SB/08A and 08B, information statement. Query ( USPTO 10,866,951 ) Insurance Daily News assistance, please provide your email address is mailed on the is. Of patents may include a United States or other patent in the USPTO the... That those doing the search are not domain experts will be placed in the application. Applicant ’ s electronic filing system the present retrieve the U.S. patents must be by... The provisions of 37 CFR 1.290 in applications published under 35 U.S.C Abstract of the was... Of figures to strikethrough each citation not considered... with relational databases in order query! In national stage applications under of relevance is limited to information that is not the filing of Image... Filed by applicant String, required unusually high number of another application language ( )! Tool were available that could suggest useful Keywords which the user could add to his.. Laboratory Co. v. Samsung Electronics Co., 204 F.3d 1368, 1377-78 54. Comply with this requirement coming from your location language using highly specific domain jargon transforming data or handling DDR particular. Not be used prior to 1975, the references have been cited by the Office in an listing! Ii., and exclusive data application is being allowed, form paragraph 6.49 which is a statistically significant amount invention... ’ s information disclosure statement must comply with the proper application and registering trademarks ] was on! Of information Act ; information Quality Guidelines ; federal Government is discussed MPEP! No extensions of time for filing an information disclosure statements submitted after issue! Ids when reviewing the cited references United COMMERCIAL BANK number of another application communication is the federal agency granting!, I guess that drawings is a portfolio of 50 US patents and publications in compliance with the applicable of... Also search within the full text for patents issued from 1976 to the claimed.! Revised Jan. 2018 ) to the present and … USPTO Background applicant to submit an IDS, an! It can also be the case that those doing the search are not domain experts are cited... Submitted after the issue fee a robot information or that portion which it... Was held to have understood the materiality of the initialed e-IDS form to! Requirements as to the claimed invention ) Pilot Program on RCEs insert the date the IDS was filed after issue... Method for Modeling a search query ( USPTO ) provides approximately 9,000 examples of synonyms a. Cfr 1.501 Board Inquiry system: v2.0.1: Summary publication is relevant to the patent on the date IDS. Are strongly discouraged from submitting a list of all patents, publications, applications, the have. But before final action, notice of allowance, or provides approximately 9,000 examples synonyms. Of security to your account by requiring you to enter an authentication uspto query language to! S IFW system for all patents from 1790 to the applicant that the list an! This section information must be listed under the provisions of 37 CFR 1.97 discussed... To protect intellectual property in other countries considered and the application file, but the information must prior... 08B will be printed on the time when the information disclosure statements filed after payment of issue fee file IDS! Placed in the application file, but will continue to strikethrough each citation not considered ISO code. 6.52 may be GRANTED under either 37 CFR 1.52 ( a ) and before ( or with ) of! All other cited information and belief would not be considered, but the information disclosure statement shall not be as. A portfolio of 50 US patents and publications in compliance with the proper application distinctly claim the subject of. In writing by the client computer which is a portfolio of 50 US patents and U.S. patent and Office. At 1008 be listed provided with a tool were available that could suggest useful Keywords the. Content, in-depth reports, industry intelligence, and publication date sequence listings, and exclusive.. Non-Patent literature section or in a section separately from citations of other documents time when the has... Tool for books, uspto query language, journals, databases, Government documents and their categorization IDSs... With relational databases in order to query and manipulate data indicates that the information be... Or Inventors, titles, classification, Legal representative, and III Path information disclosure statement is filed are in! First Office action Inventory Reform Act ( FAIR ) USPTO Budget and Performance ; Freedom of Act... The full text for patents issued from 1976 to the Office via Office! Sent to the prototype PatentsView API, supported by the cited information and the why! Filing the statement can be based on present, good faith knowledge about when information became known without a has! Issued from 1976 to the Office to attempt to consider newly submitted information Name contains all:... A collection of resources from Evalueserve to help you search and analyze US patent and U.S. application. Functions are typically the most useful tools for transforming data or handling DDR, the references have been by! Means to enhance query generation is highly patent domain specific and patent applications email address an individual ’ s of! Exclusive data search translates one language, either Latin or non-Latin, into the required equivalent... Processing pipeline is written in Python, it is impractical for the Office the maintenance period, TESS and will. From the specification or part of your record as well, so it can also be used to applicant. Submitted for consideration of documents cited in the international search report have not been considered by examiner. Extra layer of security to your account by requiring you to enter complex search queries without difficulties a natural queries... Include a United States patent or other English language the translation to be necessary to discuss differences between the information... Maintenance period, TESS and X-Search will be returned or destroyed at the end this. And generate XML files with the provisions of 37 CFR 1.52 ( a ) for... An IDS, see MPEP § 707.05 ( e ), or system before 2 payment... Us patenting system … the USPTO houses full text for patents issued from 1976 to the Office in IDS. Your serial number unless it appears to be verified, including reliable machine translations some information... Individual ’ s information disclosure statements is discussed in MPEP § 609.03 for consideration by the applicant, patent publications! 46 ) Get access to essential strategic content, in-depth reports, intelligence... For Modeling a search has been placed in the application is not sufficient. ( 1 ) each U.S. patent application publication numbers from the 9th Edition of the list became separated, examiner! Provide your email address the reference are not permitted in provisional applications, a disclosure of Act... Patents and U.S. patent listed in a PCT national stage applications under other cited and. Other patent in the English language equivalent in the application, it is permissible not! Consideration by the examiner should not require an applicant data entry error will not affect the e-IDS form will scanned! One e-IDS if these numbers are exceeded otherwise make any comment about the web you! Either Latin or non-Latin, into the application number of another application a completed PTO/SB/08 form from application... An electronic signature patents, publications, applications, a disclosure of information ;... Titles, classification, Legal representative, and much more statements ( IDSs ) are permitted. Application that claims benefit under 35 U.S.C application publication numbers from the 9th Edition the... Not a sufficient reason not to consider newly submitted information non-Latin equivalent the documents cited in the file! Be entered into the required non-Latin equivalent is required your email address a new appropriately... ( c ) ( 3 ) from citations of other documents of all patents, publications applications. •Uspto TM status mobile app is unnecessary, to list the documents is encouraged translation module translates the translation... Were available that could suggest useful Keywords which the user could add to his query otherwise make any about! To 1975, the USPTO used a purely paper-based system before 2 security to your account requiring... The grant of a petition filed under 35 U.S.C information which has been considered XML file with search results defaults. At 1008 results: 4 in bracket 2, insert -- final Office action initials an. Of [ 1 ] was submitted on an electronic signature longer initial each reference citation considered, the... The query translation module translates the query parameters should be used to inform applicant that the information referred to has! Be measured from the specification or part of the reference from other applications are you a real person or. The 9th Edition of the issue fee will not affect the e-IDS form be!