[neonixie-l] Re: OT: USA patent application status lookup...

2011-02-02 Thread taylorjpt
The server was down, the link works again.  If you enter the
application number into PAIR, you can get every piece of paperwork
including the addresses of the attorneys prosecuting the patent and
the responses to office actions.  Don't bother with the USPTO
employees, they are not helpful even when its your patent.  I did just
what you are suggesting through the attorney of record and got good
results.   What you want to threaten is Future invalidation.

jt

On Feb 1, 1:44 am, taylorjpt j...@tayloredge.com wrote:
 You can access the full system without any account via PAIR if you
 know the application number...

 http://portal.uspto.gov/external/portal/pair

 Or search for an application...

 http://appft.uspto.gov/netahtml/PTO/search-bool.html

 both of these are completely public.

 jt

 On Jan 31, 4:47 am, Nick n...@desmith.net wrote:

  Hi,

  This is OT, but has anyone here got the ability to look up the status
  of a USA patent office application? Send me a PM if you could look one
  up for me.

  Yes, I know that I could register myself, but the process takes ages
  and requires notarised documents snail-mailed to them etc.

  Thanks

  Nick

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[neonixie-l] Re: OT: USA patent application status lookup...

2011-02-02 Thread Jon


On Feb 2, 3:06 pm, taylorjpt j...@tayloredge.com wrote:
 The server was down, the link works again.  If you enter the
 application number into PAIR, you can get every piece of paperwork
 including the addresses of the attorneys prosecuting the patent and
 the responses to office actions.  Don't bother with the USPTO
 employees, they are not helpful even when its your patent.  I did just
 what you are suggesting through the attorney of record and got good
 results.   What you want to threaten is Future invalidation.

Yes, in the US, the inventor/applicant is under an obligation to make
the patent office aware of any publication that they know of which
could be relevant to the US PTO's deliberations. If they conceal
stuff, it's inequitable conduct, and potentially grounds for
invalidation later (and even worse stuff consequentially if someone is
in a litigation battle with them). So a recorded delivery of prior art
to the applicant's attorney _ought_ to have the desired effect of
getting it into play. Daresay it doesn't always work that way in
practice, but they take a big risk if they ignore you.

(amateur lawyer mode off!)

Jon.

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[neonixie-l] Re: OT: USA patent application status lookup...

2011-02-01 Thread Nick
On Feb 1, 9:44 am, taylorjpt j...@tayloredge.com wrote:
 You can access the full system without any account via PAIR if you
 know the application number...

 http://portal.uspto.gov/external/portal/pair

 Or search for an application...

 http://appft.uspto.gov/netahtml/PTO/search-bool.html

 both of these are completely public.

The pair link is broken - I don;t want to just look up a patent -
that's easy - its the STATUS of a patent application that interests
me.

What is particularly annoying is the the patent attorney address seems
to be for an invalid company, so I can't even contact them... Though
if anyone had an email for them, I could try that! PCE INDUSTRY, INC.
458 E. LAMBERT ROAD
FULLERTON
CA
92835

Nick

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[neonixie-l] Re: OT: USA patent application status lookup...

2011-02-01 Thread Nick

On Feb 1, 6:51 pm, Jon dekat...@nomotron.com wrote:
 On Feb 1, 9:58 am, Nick n...@desmith.net wrote:

  The pair link is broken - I don;t want to just look up a patent -
  that's easy - its the STATUS of a patent application that interests
  me.

 Nick,

 Can you clarify what you mean by status? Are you wanting to know
 whether a patent is pending or in force (ie granted and the
 maintenance fees paid up to date). Or is it a patent which is
 currently being examined, and you'd like to see the detail of the
 office actions, responses from the applicant etc (ie the file
 wrapper) ?

I've dealt with it now - I spoke to the USPO legal department who
basically told me to sod off. It seems that 3rd parties cannot object
or correspond in any way regarding a patent application if more than a
couple of months have passed since the application was first
published. So I can't do anything anyway. The extraordinarily rude 
snotty lady on the 'phone said that if I made any attempt to contact
the assessor all my correspondence would be struck off the record,
even though I have a file of prior art.

Oh, well..

Nick

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[neonixie-l] Re: OT: USA patent application status lookup...

2011-02-01 Thread Jon


On Feb 1, 8:52 pm, Nick n...@desmith.net wrote:
 On Feb 1, 6:51 pm, Jon dekat...@nomotron.com wrote:

  On Feb 1, 9:58 am, Nick n...@desmith.net wrote:
 I've dealt with it now - I spoke to the USPO legal department who
 basically told me to sod off. It seems that 3rd parties cannot object
 or correspond in any way regarding a patent application if more than a
 couple of months have passed since the application was first
 published. So I can't do anything anyway. The extraordinarily rude 
 snotty lady on the 'phone said that if I made any attempt to contact
 the assessor all my correspondence would be struck off the record,
 even though I have a file of prior art.


You'd possibly get more traction with the European Patent Office -
it's a different system. As I recall, third parties can make
'observations' on a patent during prosecution. There's also a proper
opposition process for a period after a patent grants.

Course, none of that helps you in the US.

Jon.

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Re: [neonixie-l] Re: OT: USA patent application status lookup...

2011-02-01 Thread Bill Lewis


Find a patent lawyer?

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