Category: Patents

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July 4 a holiday at the USPTO

Tuesday, July 4, 2023 will be a federal holiday in the District of Columbia.  This means that the USPTO will be closed that day.

This means that any response that would normally be due on Tuesday, July 4 will be timely if made by Wednesday, July 5.

Note the important comment below from alert reader Dan Ferris:

It’s important to note that the “next business day” rule does not apply to the copendency requirement for filing divisional/continuation applications. Any such applications with parent applications issuing on July 4, 2023 should be filed no later than July 4, 2023.

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False statement about DOCX returns to USPTO web site

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It will be recalled (blog article, May 30, 2023) that on May 28, 203, the USPTO had posted a false statement on the USPTO web site.  The USPTO said:

The USPTO strongly recommends submitting Specification, Claims, and/or Abstract in DOCX format which provides better data accuracy.

On May 29, a listserv member posted the question “Isn’t this false advertising or improper legal advice?” and a few hours later, the false statement disappeared from the USPTO web site.

Now on June 19, 2023, the false statement has quietly returned to the USPTO web site.  Quoted above is a screen shot taken on June 19, 2023 from USPTO’s Patentcenter web site.  Continue reading “False statement about DOCX returns to USPTO web site”

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Learn how to receive ISA/EP correspondence electronically rather than by postal mail

Do you sometimes pick ISA/EP when you file a PCT application?  Is it a source of frustration that the communications from ISA/EP arrive only slowly, via postal mail, rather than electronically?  Would you like to learn how to set things up with an electronic EPO mailbox so that you can receive your ISA/EP communications electronically instead of by slow postal mail?  Continue reading “Learn how to receive ISA/EP correspondence electronically rather than by postal mail”

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Time to file comments on DOCX yet again

(Update:  nine comments got filed.)

This has been a busy week for Federal Register notices by the USPTO that relate to the ill-fated DOCX patent application filing initiative.  We already knew about two Federal Register notices about this:

    • 88 FR 36956 dated June 6, 2023, blinking a fourth time on the start date for the $400 non-DOCX penalty, and
    • 88 FR 37036 dated June 6, 2023 blinking a second time on the ending date for the ability to file an “auxiliary PDF” file by which the applicant may try to protect against USPTO errors in rendering DOCX files.

Now comes a third Federal Register notice:

    • 88 FR 37039 dated June 6, 2023, requesting comments on USPTO’s estimates of the burden that the DOCX application filing initative will impose upon applicants.

In this blog article I briefly discuss this third FR notice.  In a later blog article I will discuss this third FR notice in greater detail.  Continue reading “Time to file comments on DOCX yet again”

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USPTO blinks a second time on auxiliary PDF with DOCX filing

(Corrected as to the name of the movie.)

A spoonful of sugar helps the medicine go down, says a beloved song in the movie Mary Poppins.  In the case of the ill-conceived DOCX initiative at the USPTO, the spoonful of sugar offered by the USPTO to try to induce filers to swallow the bitter-tasting DOCX initiative has been what it calls the “auxiliary PDF”.   The USPTO has now blinked for a second time on the auxiliary PDF.  Continue reading “USPTO blinks a second time on auxiliary PDF with DOCX filing”

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Recordings of many recent ePCT webinars are now available

I am by now part way through a series of sixteen webinars about the ePCT system.  Thirteen of the webinars have been presented, and there are three more webinars that you can register for (click here to register).  We were successful in recording the first thirteen webinars and the recordings have been edited into presentable form and have been posted for viewing.  So if you missed any of the first thirteen webinars, you can view the recording.  Here are the topics and links for viewing the thirteen recordings that have been posted so far. Continue reading “Recordings of many recent ePCT webinars are now available”

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A second false statement on the USPTO web site

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(Update June 20, 2023 — the false statement has returned to the USPTO web site — see blog article.)

Yesterday I reported (blog article) on a first false statement on the USPTO web site.  Here is a second false statement that appeared on the USPTO web site as recently as two days ago (screen shot above):

The USPTO strongly recommends submitting Specification, Claims, and/or Abstract in DOCX format which provides better data accuracy.

Continue reading “A second false statement on the USPTO web site”