Why would anyone convert a US provisional application to a non-provisional?

There is a procedure for converting a US provisional patent application into a non-provisional patent application.  The practitioner who follows this procedure (instead of simply filing a non-provisional with a domestic benefit claim) will put the client in the position of incurring an extra government fee and losing some patent term.

So why would anyone ever carry out this procedure?  There is a real-life situation where this might be the clever thing to do, as I learned the other day from a smart member of the EFS-Web listserv.

Continue reading “Why would anyone convert a US provisional application to a non-provisional?”

A smart thing that USPTO customers should do now

(Please also see a followup blog article here.)

Those who make use of Private PAIR and EFS-Web are accustomed to USPTO’s very clunky way of accomplishing two-factor authentication, namely the poorly designed Entrust Java Applet (EJA).  USPTO has now formally announced (see excerpt at right from a slide in a USPTO webinar yesterday) that it will replace EJA with a much more user-friendly approach.  The goals of today’s blog article are:

  • describe the new system, and
  • explain what you can do right now to be ready for it well in advance.

Continue reading “A smart thing that USPTO customers should do now”

Reprise of PDX-DAS webinar

The May 8, 2018 webinar on this topic was well received.  But many people missed the webinar and asked if it will be repeated.  So we are presenting this webinar again, with updates.  For example:

  • On June 1, 2018 the Denmark patent office will become an Accessing Office in the DAS system
  • On June 1, 2018 the Netherlands patent office will become a member of the DAS system

This will be a live webinar, not a replay of a recording. Continue reading “Reprise of PDX-DAS webinar”

DAS membership and participation developments

It has been announced that on June 1, 2018, the Netherlands Patent Office will join the DAS system.  This is of course welcome news, and this will bring the number of DAS participating Offices to 18.

Among the IP5, conspicuously absent from DAS is the European Patent Office.  EPO has promised that it will join DAS by late 2018.

Among the ID5, conspicuously absent from DAS is the European Union Intellectual Property Office.  It is hoped that EUIPO will join DAS soon.

With regard to the USPTO, the PDX system provides some of the same functions as DAS.  If between some pair of Offices (for example US and CN or US and KR) there is both a PDX relationship and a DAS relationship, the PDX relationship trumps.  As between DAS and PDX, DAS is to be preferred.  It permits more effective troubleshooting by the practitioner and it is more secure.  Thus it is hoped that USPTO will soon pull the plug on its PDX relationships with CN and KR, thus permitting DAS to be employed instead.

It is hoped that more and more Offices will participate in DAS with respect to design applications.  USPTO has indicated that it will commence participation in DAS as a depositing Office for designs Real Soon Now.