Not ready with complete details for your patent application? file a provisional!

I wonder if this language on the USPTO’s Patentcenter web site is bad legal advice?  The e-filing system asks “Not ready with complete details for your patent application?”  And the answer the USPTO gives is that if you are “not ready with complete details” then what you should file is a provisional patent application.  Continue reading “Not ready with complete details for your patent application? file a provisional!”

The best kind of charity

The religious scholar Maimonides from 900 years ago (Wikipedia article) wrote about lots of things including the best kinds of charity.  He fingered a telltale:  what if the donor gives anonymously?   The anonymous gift of charity is the highest kind of charity, said this religious scholar.

Which brings me to the strong emotions that I felt as I read a flurry of recent news stories about a fellow in a rural part of Alabama who did not have very much money, but who (after his recent death, it comes out for the first time) had been dropping by a local pharmacy for some ten years and had been handing the pharmacist a $100 bill each month with instructions that the money should be applied toward prescriptions for people who could not afford their drug prescriptions.

One of his very strict instructions to the pharmacy was that nobody was to be told where the money came from. Continue reading “The best kind of charity”

Some firms have gotten in their numbers for the 2022 toteboards

The 2022 toteboards will get published in February of 2023.  Every year, we publish the toteboards, and after that, some firm comes in begging and pleading to hand in its numbers late.  Please don’t do that.  Please hand in your numbers before Tuesday, January 24, 2023!

As of just now, lots of firms have already handed in their numbers for the 2022 toteboards:  Continue reading “Some firms have gotten in their numbers for the 2022 toteboards”

Incremental progress on finding ways to use Patent Public Search

Folks, I have experimented quite a bit in the past 24 hours, trying to figure out a bit more about how to trick the clunky Patent Public Search system into yielding up answers for the 2022 toteboards.  Here are my bits of incremental progress on ways to trick the PPS search system into giving you numbers that you might be able to use for the toteboards.

The date search portion of the search.   To get patents issuing in calendar 2022, it looks like either of these search strings might work:

@PD>=”20220101″<=20221231

or

“2022”.py.

The latter is a smaller character count and is easier to type without error.  Maybe it executes faster in the PPS system.

The application type or patent type portion of the search.  To get, say, only utility patents, it looks like this might work:

(b1.AT. or b2.AT.)

This search string tries to get issued US utility patents that did not have a previous publication (B1) merged with issued US utility patents that did have a previous publication (B2).

To get, say, only plant patents, it looks like this might work:

(p2.at. or p3.at.)

This search string tries to get issued US plant patents that did not have a previous publication (P2) merged with issued US plant patents that did have a previous publication (P3).

To get, say, only design patents, it looks like this might work:

s.AT.

Recapping progress thus far.  Thus for example if you want to know simply how many utility patents issued in 2022, it looks like this might work:

(b1.AT. or b2.AT.) and “2022”.py.

The answer seems to be 322992 issued utility patents in 2022.

The number of design patents might work with this:

s.AT. and “2022”.py.

The answer seems to be 34158 issued design patents in 2022.

The number of plant patents might work with this:

(p2.AT. or p3.AT.) and “2022”.py.

The answer seems to be 1072 issued plant patents in 2022.

Narrowing it down to the firm name.    We can then use any of the previous three search strings along with further field searching to try to narrow the search down to the firm name.  The poor documentation for PPS suggests that any of the following might possibly yield legal-representative-specific results:

    • .att.  – said to mean “Attorney/agent/firm”
    • .atty. – said to mean “Attorney name”
    • .firm. – said to mean “Legal Firm Name”
    • .inaa. – said to mean “Legal Representative or Inventor”
    • .lrag. – said to mean “Legal Representative Name”
    • .lrnm. – said to mean “Legal Representative Name”
    • .lrfm. – said to mean “Legal Firm Name”

Within any one of these fields, the hapless searcher might want to try any of several proximity operators:  ADJ, ADJ(n), NEAR, NEAR(n), WITH, WITH(n), SAME, or SAME(n).  Some searchers will try AND within a field search.  Toteboard searchers have tried strings including:

    • (plinge AND llp).att.
    • baker adj charlie.lrfm.
    • (able and charlie).lrfm

Yes, it looks like you can omit the parentheses because I guess “ADJ” binds more strongly than the field name.

For our firm, the following search strings seemed to work:

    • oppedahl.att. (“Attorney/agent/firm”)
    • oppedahl.atty. (“Attorney name”)
    • oppedahl.firm. (“Legal Firm Name”)
    • oppedahl.lrfm. (“Legal Firm Name”)

The following search strings came up empty:

    • oppedahl.inaa. (“Legal Representative or Inventor”)
    • oppedahl.lrag. (“Legal Representative Name”)
    • oppedahl.lrnm. (“Legal Representative Name”)

One firm tried a search like this:

(((“Plinge Patent Law”).firm. OR (“Plinge Patent Law”).inaa. OR (“Plinge Patent Law”).lrag. OR (“Plinge Patent Law”).lrnm. OR (“Plinge Patent Law”).lrfm. )

Part of what the firm was doing, I guess, was trying to get the benefit of any of the search fields that might possibly work (inaa, lrag, and so on).  Another part of what the firm was doing, I guess, was to put three words of the firm name into quotation marks, to try to exclude nuisance hits from other firms with somewhat similar firm names.

How to do a toteboard search?

Hello readers and colleagues.  Within a few weeks, based on numbers reported by you, we will be posting the 2022 toteboards.  This includes the following:

    • The Eighth Annual utility patent toteboard.
    • The Eleventh Annual design patent toteboard.
    • The Fourth Annual  plant patent toteboard.

For ten years now, it has been quite easy to do a search in the US Patent Full-Text Database to get numbers that you could send in for the toteboards.  But now in 2023, such searches are nearly impossible.  This blog article tries to help a little with doing such searches in 2023.  Continue reading “How to do a toteboard search?”

Get your numbers in for the 2022 toteboards

(Update:  I have collected some information from readers in this blog article about how to try to do toteboard searches in the new and poorly designed Patent Public Search system.)

Hello colleagues.   It is time to get your numbers in for the 2022 toteboards.  The toteboards have a goal of recognizing the intellectual property firms that filed the most US utility patent applications, filed the most US design patent applications, filed the most US plant patent applications, and filed the most US trademark applications, and saw them through to issuance and registration.

The submission forms will close on Tuesday, January 24, 2023.    Please don’t dawdle with this.  Please just hand in your numbers and be done with it.

The 2022 toteboards will get published in February of 2023.  Every year, we publish the toteboards, and after that, some firm comes in begging and pleading to hand in its numbers late.  Please don’t do that.  Please hand in your numbers before Tuesday, January 24, 2023!

You can see the past toteboards, including the 2021 toteboards, here.

    • To hand in your numbers for the Eighth Annual utility patent toteboard, click here.
    • To hand in your numbers for the Eighth Annual trademark toteboard, click here.
    • To hand in your numbers for the Eleventh Annual design patent toteboard, click here.
    • To hand in your numbers for the Fourth Annual  plant patent toteboard, click here.

USPTO’s $400 non-DOCX penalty and car rental collision damage waivers

Patent applicants and practitioners continue to resent the USPTO’s $400 penalty that it plans to impose upon any patent applicant that has the temerity to try to establish a PDF file as the “controlling” document for the patent application being filed.  The penalty was going to start a few days ago, on January 1, 2023.  The USPTO blinked and has postponed the penalty to a starting date of April 3, 2023.  As of right now, that is when this penalty will begin.

The other day I realized that there is a pretty strong analogy to make here between this $400 penalty and another bane of daily life — car rental companies gouging renters with the “collision damage waiver”.  Continue reading “USPTO’s $400 non-DOCX penalty and car rental collision damage waivers”

Director Vidal could have said “thank you”

On October 11, 2022, through the work of Krista Jacobsen, the following two letters were sent to USPTO Director Kathi Vidal:

    • A first letter, signed by twenty-seven patent practitioners, was about erroneous information in official Filing Receipts regarding publication dates.  You can see the signed letter here.
    • A second letter, signed by twenty-five patent practitioners, was about missing information in official Filing Receipts regarding whether or not a Foreign Filing License has been granted.  You can see the signed letter here.

Today, January 6, 2023, the USPTO published a document bearing Director Vidal’s signature and dated January 3, 2023.  It seems the USPTO plans to publish the document in the January 24, 2023 Official Gazette.  You can see the document here and it is archived here.  Director Vidal’s Notice admits that in March of 2022, the USPTO broke something about how it generates filing receipts, so that there were many FFL-related defects in many filing receipts thereafter, and filing receipts in design patent applications and provisional applications got mailed that wrongly showed a projected publication date.  (The USPTO does not publish design patent applications or provisional patent applications.)  The notice admits that the USPTO did not fix what was broken until October 18, 2022.  After that, the USPTO mailed out corrected filing receipts to replace the filing receipts that failed to say that an FFL had already been granted.

For several reasons, including knowledge of internal communications at the USPTO after Krista sent the two letters, I believe that it was specifically Krista’s two letters that made the USPTO aware of the problems, and I believe that her two letters were the direct cause of the USPTO fixing its broken system.

What I find extremely disappointing is that Director Vidal’s notice fails to say “thank you”.  It fails to acknowledge the communications that brought this problem to her attention.

In Director Vidal’s notice, the USPTO pretends that it was the USPTO that “discovered” these problems.

It would not have cost a penny for Director Vidal to add a sentence to her notice, saying something like “The USPTO thanks a group of patent practioners whose letters to the USPTO prompted the corrective action by the USPTO.”

I think the right thing now would be for Director Vidal to prepare and mail a letter of thanks to Krista, and through her, to the more than two dozen signers of the two letters.