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FAQs Patent Questions

Question:How do I search for a particular type of patent, e.g., a design patent?

Answer:
To search for a particular type of patent, go to any one of the three search pages (Quick, Advanced, Number) and, in the appropriate patent number field (Patent Number, PN/, Query), enter the patent number including the appropriate prefix: 'D' for design patents, 'PP' for plant patents, 'R' for reissue patents, 'T' for defensive publications, 'H' for SIRs, 'X' for X patents, or 'AI' for Additional Improvements

Question:The requirements for filing a substitute specification is stated under the 37 CFR 1.125

Answer:
When applicants file a substitute specification, the following are required under 37 CFR 1.125: (1) a statement that the substitute specification includes no new matter; (2) a marked-up version of the specification with markings to show all the changes relative to the immediate prior version; and (3) a clean version of the substitute specification.

Question:An inventor faces possible loss of benefits during his two-year retention period.

Answer:
The two-year retention period is not a “grace period” during which the inventor can wait to file his or her patent application without possible loss of benefits. It must be recognized that, in establishing priority of invention, an affidavit or testimony referring to a Disclosure Document must usually also establish diligence in completing the invention or in filing the patent application after the filing of the Disclosure Document.

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The U.S. Patent and Trademark Office (USPTO) strongly recommend that all prospective applicants retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications.

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 Helpful Patent Terms

Disclosure

Definition:
The first public disclosure of details of an invention

Workflow Incoming Amendment IFW

Definition:
From Public PAIR/IFW - designates the point in time when an amendment is received in the Office and the paper scanning process may be started at the USPTO; does not indicate whether scanning has actually started.

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