what is USPTO’s series code 90?

Series codes are very important.  Anybody who regularly practices before the USPTO has more or less memorized the most commonly encountered series codes in his or her own daily work.  If you see series code 62, you know it is a provisional application.  If you see series code 29, you know it is a design application.   Series code 91 means oppositions before the TTAB.  Series code 92 means cancellation proceedings before the TTAB.  Every now and then, a series code gets “used up” meaning that serial number “999,999” is reached in the series code, and then things roll over into a new and different series code.  Provisionals, for example, used to be in series code 61 and before that they were in series code 60.

For over fifty years, for as long as there have been series codes at all, the trademark folks and the patent folks have carefully avoided ever using the same series code for different things.  Now it seems that this past practice has been ignored.  As far as I can see, this is a big mistake at the USPTO.  Continue reading “what is USPTO’s series code 90?”

Why EPO validations cost as much money as they do

When an applicant in the EPO gets the good news that the applicant is going to receive an EP patent, one of the things that happens next is that the EP patent has to be “validated” in the one or more countries in the EPO area where protection is desired.  This costs some money and takes some time.  

In the EFS-Web listserv (a discussion group for US patent practitioners) the question came up why EPO validations cost as much money as they do, and why a rush fee might be imposed by an EPO validation service provider if instructions were given at the last minute.  Indeed one might ask why there is an EP validation process at all?  What is the problem for which an EP validation process is the solution?  These questions prompted me to write this blog article. Continue reading “Why EPO validations cost as much money as they do”

Why you suddenly cannot log in at the USPTO since Saturday

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Here is why you suddenly cannot log in at the USPTO since Saturday.

Two people at the USPTO screwed up.  One of the people who screwed up did it yesterday, Saturday, March 6, 2021.  The other person who screwed up did it a couple of years ago, and that screwup only came into prominent view yesterday.  The screwups relate to what USPTO calls “authenticator app” two-factor authentication.  The screwups affect most trademark practitioners who practice before the USPTO, and they affect most patent practitioners who practice before the USPTO, and they affect most paralegals and administrative assistants who work with those patent practitioners.  Briefly, you need to delete your old “authenticator app” setup and you need to create a new “authenticator app” setup.  Here are the details.  Continue reading “Why you suddenly cannot log in at the USPTO since Saturday”

New leadership at the USPTO

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One of the responsibilities of the Director of the USPTO, carried out every Tuesday, is the signing of US patents and US trademark registration certificates.  On Tuesday, January 19, 2021, Director Andrei Iancu’s signature was placed upon 5414 trademark registration certificates and 4605 patents.  One of the trademark registration certificates appears at right, and I have highlighted his signature which appears just below the gold seal.

The following day, January 20, 2021, Mr. Iancu ceased to be the Director.  Now the person performing the functions and duties of the Director is Drew Hershfeld, the Commissioner for Patents.  I expect that this coming Tuesday, January 26, it will be Mr. Hirschfeld’s signature that will be placed upon the patents and the registration certificates.

Today is the day! Mexican Institute of Industrial Property joins DAS

As I reported to you (blog article) on September 15, 2020, today is the day that the Mexican Institute of Industrial Property joins DAS.  It is both a Depositing Office and an Accessing Office.

Once again I note that the logo for IMPI is a Möbius strip!  

IMPI is a Depositing Office for:

  • patent applications
  • utility model applications
  • industrial design applications

In addition, RO/MX is a Depositing Office for purposes of PCT applications filed in RO/MX.

This offers a reminder that Mexico is one of the seventy-six Offices that provides utility model protection.

IMPI is an Accessing Office for:

  • international design applications (Hague applications) filed at the IB
  • industrial design applications
  • patent applications
  • utility model applications

Which intellectual property firm in Mexico is the most trendy, modern, and up-to-date?   Send me four DAS access codes:

  • a DAS access code for a Mexican patent application
  • a DAS access code for a Mexican utility model application
  • a DAS access code for a Mexican industrial design application, and
  • a DAS access code for a PCT application filed in RO/MX. 

I can then post Certificates of Availability (with a few digits of the application numbers blurred) for those four applications, and I will then be able to recognize your firm as the most trendy, modern and up-to-date intellectual property firm in Mexico.

Filing at the International Bureau and Daylight Saving Time

It’s that time of year again.  The time of year when it is important to keep track of the fact that Daylight Saving Time is different in Switzerland from the way it is in the United States.  This is important because you might be in the US, and you might be e-filing (or fax-filing) some document with the International Bureau of WIPO.  Continue reading “Filing at the International Bureau and Daylight Saving Time”