Patent Application Status

Category: Patent Application


The U.S. Patent and Trademark Office (PTO) recently launched the Patent Application Information Retrieval (PAIR) system, which makes it possible for applicants, and their designated agents or attorneys, to securely obtain up-to-the-minute information on their pending or abandoned applications.

PAIR makes it possible to quickly access patent application data in a few mouse clicks without compromising the confidentiality or security of pending or abandoned applications. Examples of information available from PAIR include whether a filing date has been recorded; current status of the application; the examiner's name and examiner contact information; the prosecution history; and other helpful information.

"We believe our customers will appreciate the ease of using PAIR as more and more of the agency's products and services become available on the Internet. It should be particularly helpful to small businesses and small inventors as it makes it more convenient to check the status of pending applications," said Q. Todd Dickinson, Commissioner of Patents and Trademarks.

In order to take advantage of the PAIR system for pending and abandoned applications:

    * A requestor must be either the applicant or an officially designated representative of the applicant.
    * The requestor must complete a PAIR access request form.
    * The requestor must also have a customer number. Only those cases that are associated with the requestor's customer number can be accessed using PAIR.
    * The requestor will need to install Public Key Infrastructure (PKI) software on their computer. Please note that pending and abandoned application information cannot be accessed without the PKI software. Functions of the PKI software include encryption and a digital signature. This is done in order to ensure the confidentiality and integrity of the application data. The PTO will provide the PKI software free of charge to those individuals approved for use of the PAIR system.

For more information on the PAIR system, including requests for the PAIR application form, please contact Terry Downey at 703-308-6845 or visit PTO's web site at If you would like to request a customer number, the customer number request form is available at the following web address in Adobe PDF format, . A free Adobe Acrobat reader can be obtained from the Adobe web site.

USPTO Publishes First Patent Application.

Category: Patent Application

New policy allows agency to publish applications before a patent is granted

Today, the United States Patent and Trademark Office (USPTO) published its first set of patent applications under the American Inventors Protection Act, a 1999 law making far-reaching changes to the U.S. patent system.

"Publication of patent applications before a patent is granted is one of the most fundamentally significant changes to the U.S. patent system in over 100 years, said Nicholas Godici, acting Under Secretary of Commerce and acting Director of the USPTO. "Published applications will become an important reservoir of reference materials for patent examiners and a valuable resource to the public as the volume of published applications increases."

Forty-seven applications were published in a variety of technical fields including surgical devices, chemical processes, and business methods. The published patent applications may be viewed as images or text searched at . New applications are published every Thursday. The number of patent applications published by USPTO is anticipated to increase over the next eighteen months until roughly 3500 applications are published weekly.

Publication of patent applications is now required for the vast majority of filings made on or after November 29, 2000. Publication occurs after expiration of an eighteen-month period following the earliest effective filing date. The earliest effective filing date may be influenced by a number of factors, including foreign filing. Previously U.S. patent applications were held in confidence until a patent was granted, while other major patent offices around the world have a history of publishing patent applications.

An important procedure under the new law allows an inventor to request early publication of an application. The first group of published applications includes one published at the inventor's request. This application was filed in June 1999 and, therefore, was not required to be published. By requesting voluntary publication, the applicant will enjoy the potential benefit of provisional rights to reasonable royalties from others who make, use, sell, or import the invention during the period between the time the patent application is published and the patent is granted.

Electronic Patent Application Records Replace Paper Files at USPTO

Category: Patent Application Info
Patent operation on target to meet 21st Century Strategic Plan goals

The U.S. Department of Commerce's United States Patent and Trademark Office (USPTO) announced today that effective June 30, 2003, all newly filed patent applications will be converted to electronic applications and processed electronically. Additionally, over the next 15 months, the USPTO will scan more than a half million pending applications into the electronic system. The USPTO's new electronic application processing system is called the Image File Wrapper (IFW). The IFW uses software acquired from the European Patent Office. The IFW electronic file will become the official file for all purposes.

“The creation of an end-to-end electronic patent application process by October 1, 2004, is a key component of the agency's 21st Century Strategic Plan,” noted Under Secretary of Commerce for Intellectual Property James E. Rogan. “By providing a patent application process that is simpler, faster, and more efficient, the USPTO will better serve its customers and be more responsive to the demands of the national and global marketplaces.”

Automated patent processing will provide more efficient, quality-focused and customer-friendly service. Unlike paper patent applications that can be viewed only by one employee at a time in one location, IFW provides multiple USPTO employees concurrent access to application information saving time and securing file integrity. Customers also will benefit from IFW allowing them the ability to view the contents of their own applications in IFW online via the Internet.

The Agency expects to scan over three million pages per week, making this one of the largest scanning operations in the world. An initial 100 terabytes of data storage is necessary to support IFW and manage all the documents related to the electronic processing of patent applications. In comparison, approximately 400 million copies of the latest Harry Potter novel would occupy the same amount of space.

Elements of a Design Patent Application

Category: Design Patent Application

The elements of a design patent application should include the following:
(1)     Preamble, stating name of the applicant, title of the design, and a brief description of the nature and intended use of the article in which the design is embodied;
(2)     Description of the figure(s) of the drawing;
(3)     Feature description;
(4)     A single claim;
(5)     Drawings or photographs;
(6)     Executed oath or declaration.

In addition, the filing fee set forth in 37 CFR 1.16(f) is also required. See insert for schedule of current fees. If applicant is a small entity, (an independent inventor, a small business concern, or a non-profit organization), the filing fee is reduced by half if the small entity files a Statement Claiming Small Entity Status (PTO/SB/09 - see insert for sample form).

A Guide To Filing A Design Patent Application

Category: Design Patent Application Info

Definition of a Design
A design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. It must be a definite pattern of surface ornamentation, applied to an article of manufacture.

The Patent Law provides for the granting of design patents to any person who has invented any new, original and ornamental design for an article of manufacture. A design patent protects only the appearance of the article and not its structural or utilitarian features. The principal statutes (United States Code) governing design patents are:

    35 U.S.C. 171
    35 U.S.C. 173
    35 U.S.C. 102
    35 U.S.C. 103
    35 U.S.C. 112
    35 U.S.C. 132

The rules (Code of Federal Regulations) pertaining to the drawing disclosure of a design patent application are:

    37 CFR § 1.84
    37 CFR § 1.152
    37 CFR § 1.121

The following additional rules have been referred to in this guide:

    37 CFR § 1.3
    37 CFR § 1.63
    37 CFR § 1.153

A copy of these laws and rules are included in the Appendix of this guide.

The practice and procedures relating to design patent applications are set forth in chapter 1500 of the Manual of Examining Procedure (MPEP). Inquiries relating to the sale of the MPEP should be directed to the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402. Telephone: 202-512-1800.

Patent Application Drawing Requirements

Category: Patent Application Info

Patent Application Drawing Requirements

Information on drawing requirements is based substantially on 37 CFR § 1.84. There are two acceptable categories for presenting drawings in utility patent applications: black ink (black and white) and color.

Black and white drawings are normally required. India ink, or its equivalent that secures black solid lines, must be used for drawings. Drawings made by computer printer should be originals, not photocopies.

On rare occasions, color drawings may be necessary as the only practical medium by which the subject matter sought to be patented in a utility patent application is disclosed. The USPTO will accept color drawings in utility patent applications and statutory invention registrations only after granting a petition explaining why the color drawings are necessary. Any such petition must include the following:

    * the appropriate fee set forth in 37 CFR §1.17(h)
    * three sets of color drawings; and
    * the following language as the first paragraph in that portion of the specification relating to the BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING. If the language is not in the specification, an amendment to insert the language must accompany the petition.

"The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee."

Photographs are not ordinarily permitted in utility patent applications. The USPTO will accept black and white photographs in utility patent applications only in applications in which the invention is not capable of being illustrated in an ink drawing or where the invention is shown more clearly in a photograph. For example, photographs or photomicrographs of electrophoresis gels, blots (e.g., immunological, western, southern, and northern), autoradiographs, cell cultures (stained and unstained), histological tissue cross sections (stained and unstained), animals, plants, in vivo imaging, thin layer chromatography plates, crystalline structures, and ornamental effects continue to be acceptable. Only one set of black and white photographs is required. Furthermore, no additional processing fee is required.

Photographs have the same sheet size requirements as other drawings. The photographs must be of sufficient quality so that all details in the drawing are reproducible in the printed patent or any patent application publication.

Color photographs will be accepted in utility patent applications if the conditions for accepting color drawings and black and white photographs have been satisfied.

Nonprovisional Utility Patent Application

Source: uspto.govCategory: Patent Application Info

Patent Application Requirements

A nonprovisional utility patent application must be in the English language or be accompanied by a translation in the English language, a statement that the translation is accurate and a fee set forth in 37 CFR §1.17(i).

All papers which are to become part of the permanent records of the USPTO must be typewritten or produced by a mechanical (or computer) printer. The text must be in permanent black ink or its equivalent; on a single side of the paper; in portrait orientation; on white paper that is all of the same size, flexible, strong, smooth, nonshiny, durable, and without holes. The paper size must be either:

    * 21.6 cm. by 27.9 cm. (81/2 by 11 inches), or
    * 21.0 cm. by 29.7 cm. (DIN size A4).

There must be a left margin of at least 2.5 cm. (1 inch) and top, right, and bottom margins of at least 2.0 cm. (3/4 inch). Drawing page requirements are discussed separately below.

A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing, search, and examination fees. A complete nonprovisional utility patent application should contain the elements listed below, arranged in the order shown.

    * Utility Patent Application Transmittal Form or Transmittal Letter
    * Fee Transmittal Form and Appropriate Fees
    * Application Data Sheet (see 37 CFR § 1.76)
    * Specification (with at least one claim)
    * Drawings (when necessary)
    * Executed Oath or Declaration
    * Nucleotide and/or Amino Acid Sequence Listing (when necessary)

MabCure, Inc. Files Provisional Patent in the U.S. for Ovarian Cancer Antibodies Antibodies Successfully Identified Ovarian Cancer in Recent Study

Category: Patent Application

NEW YORK, Aug 03, 2010 (BUSINESS WIRE) -- Biotechnology company MabCure, Inc. /quotes/comstock/11k!mbci (MBCI 0.62, -0.03, -4.62%) today announced the company has filed a provisional patent application for its ovarian cancer diagnostic antibodies with the U.S. Patent and Trademark Office. The filing was based on positive results of a recent study that showed MabCure's tumor-specific monoclonal antibodies (MAbs) successfully identified ovarian cancer in blood (94 percent) and distinguished it from benign tumors of the ovaries or healthy blood obtained from men and women. The patent application covers a panel of MAbs, each of which is capable of diagnosing ovarian cancer, and several that can correctly distinguish between ovarian cancer and benign tumors.

"Filing the patent on these important discoveries is a significant step towards securing our intellectual property position and moving forward with potential strategic relationships and commercialization of what would be a highly specific serum diagnostic test for ovarian cancer," said Amnon Gonenne, Ph.D., CEO of MabCure.

In a blinded study of 54 blood samples, MabCure's MAbs correctly diagnosed 16 of the 17 ovarian cancers with a diagnostic sensitivity of 94 percent and 100 percent specificity. The samples were comprised of 17 patients with ovarian cancer, 5 patients with benign tumors of the ovaries, 24 healthy young females and 8 males.

"Beyond the value of our test to diagnose ovarian cancer in a highly accurate manner and with no false positives, the potential value of our proprietary MAbs is also in helping to identify tumor-specific antigens or cancer-specific targets for the ultimate treatment of ovarian cancer," said Gonenne.

Apple Files Application to Patent Design of Its 'Glass Cube' Fifth Avenue Retail Store

By Steve Delahoyde 
Category: Patent Application

Following their 2007 patent for the design of their staircases, Patently Apple is reporting that Apple has filed an application with the US Patent and Trademark Office to protect the design of their most iconic retail store, the glass cube on Fifth Avenue in New York (and presumably by extension, their new, rounder-but-similar-looking shop in Shanghai -- though we're not certain how a US patent applies internationally). Here's the specifics from the site about what patent they're after:

    Apple has filed their trademark solely under International Classification 035 which covers the following: Retail store services featuring computers, computer software, computer peripherals and consumer electronics, and demonstration of products relating thereto.

Dual wired/wireless Xbox controller patent application spotted

By Chris Davies
Category: Patent Application

Microsoft has applied for a patent on a dual-mode Xbox gaming controller that could seamlessly switch between wired and wireless modes mid-gameplay.  According to the documentation, the controller would not only be equipped to run either on batteries in a wireless mode or via a physical connection – i.e. a USB cable – but of informing the currently playing game to flip between the two.

microsoft wired wireless controller patent

That way, if you wanted more flexibility in movement, you could detach the cable and go wireless – Microsoft envisage any combination of infrared, Bluetooth or RF being possible – before returning to a wired connection when the controller battery runs down.  The game itself wouldn’t have to be paused, and could automatically keep track of which controller goes with which player (and their accompanying saved games).

Of course, patent applications aren’t necessarily a sign of actual intent to produce but we can think of quite a few gamers who would be keen on this dual-mode hardware.

Biomoda Files Patent Application

Category: Patent Application

ALBUQUERQUE, N.M., Jul 20, 2010 (BUSINESS WIRE) -- Cancer diagnostics company Biomoda, Inc. /quotes/comstock/11k!bmod (BMOD 0.17, 0.00, 0.00%) ( filed a U.S. patent application on a quantitative method for scoring cells labeled with the CyPath(R) assay to determine whether cells are dysplastic or carcinomic by measuring the photon emission rate.

Biomoda's CyPath(R) reagents for the early detection of cancers is based on meso-tetra (4 carboxyphenyl) porphine or TCPP, a porphyrin compound that binds to cancer cells and fluoresces under specific frequencies of light. The new patent application provides a system for verifying the spectral signature of TCPP optically and measuring the photon emission rate of TCPP-stained cancerous and precancerous cells.

"We now have an objective methodology that can be used by lab technicians anywhere in the world to accurately and inexpensively read CyPath(R) reagent-labeled tissue samples," said Biomoda President John Cousins. "Previously, we had to rely on cytopathologists to look at each and every sample to determine whether there were cancer cells. This patent gives us a measurable, quantitative system that opens the door for the CyPath(R) assay to be used to screen large populations for cancer and pre-cancerous conditions. Diagnosing cancer even before a tumor has formed will have an exponential effect on survivability."

Merz Pharma GmbH & Co KGaA Files Patent Application for Apparatus and Process for the Fermentative Production of Biological Active Compounds

Indian Patents News
Category: Patent Application

New Delhi, Aug. 6 -- Germany based Merz Pharma GmbH & Co KGaA filed patent application for apparatus and process for the fermentative production of biological active compounds. The inventors are Doelle Bernd and Pfeil Michael.Merz Pharma GmbH & Co KGaA filed the patent application on Dec. 17, 2007. The patent application number is 5812/CHENP/2007 A. The international classification number is C12M 1/00.According to the Controller General of Patents, Designs & Trade Marks, "The invention relates to a method and a device for the production of biologically active materials by fermentation, the fermentor being situated in an isolator which in turn is situated in a working chamber or adjoins this and a pressure drop compared with ambient pressure prevailing not only in the isolator but also in the working chamber."Merz Pharma is an innovative and international healthcare company with its own research and development department. The company is bundling the activities of its subsidiaries Merz Pharmaceuticals, Merz Consumer Care, Merz Dental, and Merz Hygiene, with products ranging from prescription drugs and OTC products for health and wellness, materials for dentists and dental technicians to hygienic products for medical disinfection and cleaning. The units of Merz Group Services, the fith Merz subsidiary, include Human Resources, Supply Chain/Purchasing, Information Technology (IT), Technical Operations and Finances/Controlling.

Copyright 2010 Indian Patents News, distributed by Contify.comAll Rights Reserved
Indian Patents News

Samsung's patent application features dual touchscreen display

Category: Patent Application

Among Samsung's more recent patent applications, here's one that offers a “Mobile terminal having dual touch screen and method of controlling content therein”. This could very well change the ways tablet devices and their respective user interfaces work in the future if the patent were to be implemented across a wide scale, since it will be the first dual touchscreen tablet in the world. This is made possible thanks to a second touch sensor layer at the back of the tablet, opening up the room for additional touch control gestures and operation patterns. Do you think this idea will catch on, or will most people prefer a traditional multi-touchscreen display instead? Bear in mind that patents don't necessarily end up as a device, so stay tuned if new developments occur.

Controversy Over Apple Travel Patent Application

Written by Eric Slivka
Category: Patent Application

A bit of controversy has arisen over a patent application filed by Apple in December 2009 that was published by the U.S. Patent and Trademark Office last week. The patent application describes an integrated travel application for the iPhone offering users the ability to access a host of travel services, from airline bookings and check-ins to information on airport shops and social networking.

Where To? screenshot (left) and drawing from Apple patent application (right)

The controversy, which appears to have first been noticed and publicized by Rogue Amoeba developer Dan Wineman, involves a figure in the patent application showing a screen image that is essentially a direct copy of the interface found in the third-party application Where To?. While Apple's patent application was filed in December 2009 and claims association with a provisional patent application filed in January of that year, Where To? initially went live in July 2008 in the first wave of App Store apps. Where To?, initially developed by tap tap tap, was subsequently sold to FutureTap in late 2008.

While there were some initial questions over whether Apple was trying patent the inventions of third-party developers, an examination of the patent application reveals that Apple's ideas appear to be rather different that those utilized in Where To?, which is a GPS-based application for finding nearby businesses and other points of interest. Apple's application is focused on travel services, and while it can utilize GPS for positioning purposes, it is certainly not the main function of the application.

Consequently, it appears that Apple's designers and patent staff simply used the Where To? screenshot as an example of an interface a user might find when entering an airport, without claiming any invention of the interface's design itself or even the functionality behind it. But even if Apple is simply using the Where To? screenshot as an illustrative example to help describe a different technology, the move is not sitting well with the application's current developers.

At first, we couldn't believe what we saw and felt it can't be true that someone else is filing a patent including a 1:1 copy of our start screen. Things would be way easier of course if that "someone else" would be really an exterior "someone else". Unfortunately, that's not the case.

We're faced with a situation where we've to fear that our primary business partner is trying to "steal" our idea and design.
In an update to the post, FutureTap's Ortwin Gentz notes that he is not yet convinced that Apple isn't essentially describing his application's functionality in its patent application, but that even if it does not, the company's behavior still raises some questions. As one commenter notes, Apple's actions just don't feel right and leave the situation open to incorrect speculation and information.

The real problem, as I see it, is that no one thought to approach FutureTap, and let them know that they'd be doing so. I deal with patent applications a lot at work because they're often used as evidence in trials that I work on, and there's no way around the fact that they're hard to decipher. Bloggers are bound to read a lot into this, and a lot of the speculation is going to be based on a lack of information.

That's Apple's fault.
FutureTap notes that it became aware of the issue immediately after the patent application appeared last week, but that it held off from making a public statement as it attempted to contact Apple for clarification. With the issue being noticed by others and still no response from Apple, FutureTap is left to discuss its questions in public.

Patent Application for Micro Nano Silicon Cement Technology Submitted by ANNO

Category: Patent Application

American Nano Silicon Technologies, Inc. (OTC Bulletin Board: ANNO) ("ANNO" or "the Company"), a leading manufacturer and distributor of micro nano silicon based products, announced today that the Company has applied in China for a national patent for their new concrete enforcement and accelerator agent.

This new technology will allow the concrete industry to enjoy significantly enhanced performance and reliability in its concrete products. The patent application is currently being processed by the State Intellectual Property Bureau of China (application No.: CN201010045739.X). This development further illustrates the growth of ANNO, as this new product application in the construction material industry supplements the Company's existing market in the non-phosphate detergent sector.

Through the use of ANNO's proprietary micro nano silicon technology, the Company will be able to provide a product superior to the current concrete industry standard that uses a multiple metallic material. Industry examination currently shows that ANNO's micro nano silicon blend provides for an 18% increase in the compressive strength and a 47% increase in the flexural strength while decreasing the environmentally harmful effects that other industry products currently produce. ANNO believes that its continued research and development relationship with Southwest University of Science and Technology will provide additional uses for their micro nano silicon blend outside of the already developed uses in the non-phosphate detergent industry and the cement industry.

"We are very excited to have completed the necessary filings to apply for a national patent for our micro nano silicon cement technology," Mr. Pu Fachun, the CEO of the Company commented, "We remain committed to working with Southwest University of Science and Technology as our valued research and development partner and are very confident that together we can continually develop high level products that contain our patented micro nano technology."

Patent application hints at possible automatic fuel stabilizer delivery for Chevy Volt

by Sam Abuelsamid
Category: Patent Application

One of the regular questions relating to the Chevrolet Volt is: what happens to the fuel in the tank if it's not used for extended periods of time and the car is only run on plug power? General Motors officials have said that the engine might periodically run just for the purpose of using up some gas as well as circulating the oil and making sure that all the systems are working properly.

While perusing the U.S. Patent and Trademark Office application database, we stumbled across a filing from General Motors for a system to automatically deliver additives to the fuel tank of a plug-in hybrid vehicle. While the application mentions engines with a variety of fuels and several possible additives, this clearly seems like something applicable to the Volt. The system would have a controller to determine when and how much of an additive to deliver.

If a PHEV was regularly used for longer trips with the engine running, a fuel stabilizer would be unneeded, but if the controller detected a lot of short EV trips and the engine didn't run for weeks or months it could add stabilizer periodically. GM officials have not responded to a request for comment on whether we might see this functionality in the Volt.

Patent application reveals Apple-designed "smart bike"

Interesting Patent Application news about Apple Smart Bike. Please read below ...

By Josh Ong

Published: 12:20 AM EST
Category: Patent Application


The US Patent & Trademark Office published a patent application Thursday for a "Smart Bicycle System" that would use an iPod or iPhone to monitor sensor data and wirelessly share information.

The patent application, discovered by Patently Apple, contains functionality similar to the Nike + iPod Sport Kit integration for runners. Using external and internal sensors, an iPhone or iPod would store and relay useful information while attached to a bicycle.

Although similar products (bicycle computers) already exist, the Cupertino, Calif., company's solution would take advantage of sensors already built into its devices, such as gyroscopes and accelerometers. Using an iPod or iPhone could potentially reduce costs, setup, and the need for complex attachments. Another added benefit would be the possibility of sharing recorded information with other cyclists.

Some examples of useful measurements are "acceleration, speed, distance, time or intervals of time between events, altitude or elevation of the bicycle, incline/decline during the ride, wind speed, location."

In the application, Apple focused specifically on the potential for wireless communication between devices and bicycles. The patent specifically lists "GPRS, CDMA, EV-DO, EDGE, 3GSM, DECT, IS-136/TDMA, iDen, LTE" as possible methods for sharing data.

External displays are also included in the patent application. In addition to listing several standard display technologies such as LCD and LED, the application lists a number of movable displays or projecting systems, such as "a video projector, head-up display, or three-dimensional (e.g., holographic) display."

Other highlighted features include mapping, automated video and audio recording, course reviews, and team data sharing. The patent application lists buttons on the bicycle or "the user's apparel (e.g., clothing or helmet)" and voice activation as potential input methods.

According to the article, Apple's innovations for cycling enthusiasts could theoretically be applied to other types of vehicles and other modes of transportation.

Jesse Dorogusker, Anthony Fadell, Andrew Hodge, Allen Haughay, Jr., Scott Krueger, James Mason, Donald Novotney, Emily Schubert Policarpo Wood and Timothy Johnston are listed as the inventors. The patent application was filed in Q1 2009.

Anthony Fadell, often referred to as "the grandfather of the iPod," served as senior vice president of Apple's iPod division before stepping down in 2008. Fadell reportedly severed all remaining ties with Apple in March of this year.