Patents and How to Get One: A Practical Handbook

Part 2

Chapter 21,917 wordsPublic domain

=Index to the U.S. Patent Classification System.=—An alphabetical list of approximately 65,000 common, informal headings or terms which refer to specific classes and subclasses in the Manual of Classification used to categorize patents. It is intended as a means for initial entry into the Classification System and should be especially useful for persons not familiar with the system as well as those who may not be familiar with any particular technology under study. Sold by the Superintendent of Documents.

=Manual of Classification.=—A loose-leaf manual containing a list of all the classes and subclasses of inventions in the Patent and Trademark Office classification systems, a subject matter index, and other information relating to U.S. patent classification system. Each subclass has a short, descriptive title often arranged in a specific hierarchical order designated by dots for indentation levels. Substitute pages are issued from time to time. Annual subscription includes the basic manual and substitute pages. Sold by the Superintendent of Documents.

=Classification Definitions.=—Gives a detailed definition for each class and official subclass included in the Manual of Classification. The definitions indicate the subject matter to be found in or excluded from a class or subclass; they limit or expand in precise manner the meaning intended for each subclass title; they serve as a guide to users of the Manual of Classification to refer to the same subclass for patents on a particular technology by eliminating, as much as possible, subjective and varying interpretations of the meanings of subclass titles. The “notes” illustrate the kinds of information that can be found in a subclass and direct the searcher to other related subclasses which may contain relevant information. Subscription service consists of a basic full set of definitions and semiannual sets of updated definitions for an indeterminate period. Sold by the Superintendent of Documents.

=Title 37 Code of Federal Regulations.=—Includes rules of practice for Patents, Trademarks, and Copyrights. Available from the Superintendent of Documents.

=Basic Facts about Trademarks.=—Contains general information for the layman about applications for, and registration of, trademarks and service marks. Sold by the Superintendent of Documents.

=Attorneys and Agents Registered to Practice Before the U.S. Patent and Trademark Office.=—An alphabetical and geographical listing of patent attorneys and agents registered to practice before the U.S. Patent and Trademark Office. Sold by the Superintendent of Documents.

=Manual of Patent Examining Procedure (MPEP).=—A loose-leaf manual which serves primarily as a detailed reference work on patent examining practice and procedure for the Patent and Trademark Office’s Examining Corps. Subscription service includes basic manual, periodic revisions, and change notices. Sold by the Superintendent of Documents. (The MPEP is also available in electronic form from the PTO’s Office of Electronic Information and as an Internet information file.)

=Guide for the Preparation of Patent Drawings.=—A collection of the most pertinent rules from Title 37 of the Code of Federal Regulations pertaining to patent drawings with interpretations of those rules and examples. Sold by the Superintendent of Documents.

=PTO Products and Services Catalog, Information Dissemination Organizations (IDO).=—This compendium describes the products and services available from the Patent and Trademark Office (PTO) and provides ordering information. Many items are available free of charge from the Information Dissemination Organizations (IDOs). The catalog lists products and services available from the three IDO offices responsible for public records; electronic products/services; general information; PTO’s public search facilities in Arlington, Virginia; and the network of 80 Patent and Trademark Depository Libraries (PTDLs) in 49 states, the District of Columbia, and Puerto Rico. Included is detailed descriptions of data available on magnetic tape, diskette, or CD-ROM. A number of products can be ordered in paper form, including PTO forms and patent or trademark copies, as well as Technology Assessment and Forecast (TAF) statistical reports and research publications. Available from the PTO General Information Services at 1–800–786–9199 or 703–308–4357.

Many publications listed above, as well as other Patent and Trademark Office products and services are available electronically from IDO or on the PTO’s Web site. Call General Information Services for more information at 800–786–9199 or 703–308–4357.

General Information and Correspondence

All business with the Patent and Trademark Office should be transacted in writing and all correspondence relating to patent matters should be addressed to “ASSISTANT COMMISSIONER FOR PATENTS, WASHINGTON, D.C. 20231.” Correspondents should be sure to include their full return addresses, including zip codes. The principal location of the PTO is Crystal Plaza 3, 2021 Jefferson Davis Highway, Arlington, Virginia. The personal presence of applicants at the PTO is unnecessary.

Applicants and attorneys are required to conduct their business with decorum and courtesy. Papers presented in violation of this requirement will be returned.

Separate letters (but not necessarily in separate envelopes) should be written for each distinct subject of inquiry, such as assignments, payments, orders for printed copies of patents, orders for copies of records, and requests for other services. None of these inquiries should be included with letters responding to Office actions in applications.

When a letter concerns a patent application, the correspondent must include the application number, filing date, and Group Art Unit number. When a letter concerns a patent, it must include the name of the patentee, the title of the invention, the patent number, and the date of issue.

An order for a copy of an assignment must give the book and page, or reel and frame of the record, as well as the name of the inventor; otherwise, an additional charge is made for the time consumed in making the search for the assignment.

Applications for patents are not open to the public, and no information concerning them is released except on written authority of the applicant, his/her assignee, or his/her attorney, or when necessary to the conduct of the business of the PTO. Patents and related records, including records of any decisions, the records of assignments other than those relating to assignments of patent applications, books, and other records and papers in the Office are open to the public. They may be inspected in the Patent and Trademark Office Search Room or copies may be ordered.

The Office cannot respond to inquiries concerning the novelty and patentability of an invention in advance of the filing of an application; give advice as to possible infringement of a patent; advise of the propriety of filing an application; respond to inquiries as to whether, or to whom, any alleged invention has been patented; act as an expounder of the patent law or as counselor for individuals, except in deciding questions arising before it in regularly filed cases. Information of a general nature may be furnished either directly or by supplying or calling attention to an appropriate publication.

Library, Search Room Services and Patent and Trademark Depository Libraries

The Scientific and Technical Information Center of the Patent and Trademark Office located at Crystal Plaza 3, 2C01, 2021 Jefferson Davis Highway, Arlington, VA, has available for public use over 120,000 volumes of scientific and technical books in various languages, about 90,000 bound volumes of periodicals devoted to science and technology, the official journals of 77 foreign patent organizations, and over 40 million foreign patents on paper, microfilm, microfiche, and CD-ROM. The Scientific and Technical Information Center is open to the public from 8:30 a.m. to 5:00 p.m., Monday through Friday except federal holidays.

The Patent Search Room located at Crystal Plaza 3, 1A01, 2021 Jefferson Davis Highway, Arlington, VA, is provided where the public may search and examine United States patents granted since 1790. Patents are arranged according to the U.S. Patent Classification System of over 400 classes and over 136,000 subclasses. By searching in these classified groupings of patents, it is possible to determine, before actually filing an application, whether an invention has been anticipated by a United States patent, and it is also possible to obtain the information contained in patents relating to any field of endeavor. The Patent Search Room contains a set of United States patents arranged in numerical order and a complete set of the Official Gazette.

A Files Information Room also is maintained where the public may inspect the records and files of issued patents and other open records. Applicants, their attorneys or agents, and the general public are not entitled to use the records and files in the examiners’ rooms.

The Patent Search Room is open from 8 a.m. to 8 p.m. Monday through Friday except on Federal holidays.

Since a patent is not always granted when an application is filed, many inventors attempt to make their own search of the prior patents and publications before applying for a patent. This may be done in the Patent Search Room of the Patent and Trademark Office, and in libraries, located throughout the U.S., which have been designated as Patent and Trademark Depository Libraries (PTDLs). An inventor may make a preliminary search through the United States patents to discover if the particular invention or one similar to it has been shown in the prior patent. An inventor may also employ patent attorneys or agents to perform the preliminary search. This search is not always as complete as that made by the Patent and Trademark Office during the examination of an application, but only serves, as its name indicates, a preliminary purpose. For this reason, the Patent and Trademark Office examiner may, and often does, reject claims in an application on the basis of prior patents or publications not found in the preliminary search.

Those who cannot come to the Patent Search Room may order from the Patent and Trademark Office copies of lists of original patents or of cross-referenced patents contained in the subclasses comprising the field of search, or may inspect and obtain copies of the patents at a Patent and Trademark Depository Library. The Patent and Trademark Depository Libraries (PTDLs) receive current issues of U.S. Patents and maintain collections of earlier issued patents and trademark information. The scope of these collections varies from library to library, ranging from patents of only recent years to all or most of the patents issued since 1790.

These patent collections are open to public use. Each of the PTDLs, in addition, offers the publications of the U.S. Patent Classification System (e.g., Manual of Classification, Index to the U.S. Patent Classification System, Classification Definitions, etc.) and other patent documents and forms, and provides technical staff assistance in their use to aid the public in gaining effective access to information contained in patents. The collections are organized in patent number sequence.

Available in all PTDLs is the Cassis CD-ROM system. With various files, it permits the effective identification of appropriate classifications to search, provides numbers of patents assigned to a classification to facilitate finding the patents in a numerical file of patents, provides the current classification(s) of all patents, permits word searching on classification titles, and on abstracts, and provides certain bibliographic information on more recently issued patents.

Facilities for making paper copies from microfilm, the paper bound volumes or CD-ROM are generally provided for a fee.

Due to variations in the scope of patent collections among the PTDLs and in their hours of service to the public, anyone contemplating the use of the patents at a particular library is advised to contact that library, in advance, about its collection, services, and hours, so as to avert possible inconvenience.