Live in-person PCT Seminar in Redwood City, California in October

I will be teaching a live, in-person Patent Cooperation Treaty seminar October 16-18, 2018 in Redwood City, California.[googlemaps https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d12662.193970662394!2d-122.22871293619356!3d37.49497980044707!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x808fa257364cfbff%3A0xfa2b9aec28116101!2sCourtyard+by+Marriott+Redwood+City!5e0!3m2!1sen!2sus!4v1533600727686&w=600&h=450]

For more information, or to register, click here.

How long USPTO takes to publish a 371 case

A colleague in Minneapolis asked me the other day how long it takes the USPTO to publish an entry into the US national phase.

MPEP § 1120(IV) says:

The projected publication date normally will be the later of: (1) eighteen months from the earliest filing date claimed; or (2) fourteen weeks from the mailing date of the filing receipt. The publication process takes about fourteen weeks.

I identified our most recent half dozen published patent applications that were entries into the US national phase.  And another half dozen published patent applications from a year ago that were entries into the US national phase.  And arrived at some average publication delays.  It was nothing like fourteen weeks.

Continue reading “How long USPTO takes to publish a 371 case”

“Pegged” art units in the USPTO

In a previous blog article, I talked about the USPTO’s practice of not reporting pendency numbers bigger than 30.  Said differently, if a particular art unit has a backlog that extends further than 30 months into the future, the USPTO will not reveal the actual backlog but will instead report the number 30.  In the world of d’Arsonval meter movements, this would be like a meter that is “pegged” at 30.

There are 514 art units at the USPTO.  Right now in July of 2018, how many of those art units are “pegged”?  Which art units are “pegged”?

In the next blog article I will list some of the art units with the smallest backlogs.

Continue reading ““Pegged” art units in the USPTO”

USPTO’s art units with the smallest backlogs

In a previous blog article I listed the fifty art units at the USPTO (out of 514 art units) that are “pegged”.  What this means is that the backlog for the art unit is so great that it is longer than 30 months, and the USPTO does not report a number bigger than 30 for the backlog.

What the alert reader might ask is, which are the art units with the smallest backlog?  Here is a list of the 49 art units which, in July of 2018, have a backlog of seven months or less. Continue reading “USPTO’s art units with the smallest backlogs”

ISA/JP becomes easier for US filers to use

Japan Patent OfficeThe way it has been in the past, if a US PCT applicant were to make use of the Japan Patent Office as an International Searching Authority, the applicant would need to make sure that the application falls within particular subject matter (“green tech”).  The practical consequence of this was that as a general matter, US filers tended not to select ISA/JP.   But things changed on July 1, 2018 and now it is much easier for US filers. Continue reading “ISA/JP becomes easier for US filers to use”

An opportunity to save a little money on search fees


On August 1, 2018 the search fee payable to the Russian international searching authority will drop. It is presently $691 and will drop to $638.

This offers an opportunity to save a little money for the applicant who is planning to use ISA/RU. If you have a client who is planning to file a PCT application using ISA/RU, and if you have the ability to postpone the filing until August 1, you can save $53.