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Author Topic: Problem finding patent in USPTO  (Read 1016 times)

zeric

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Problem finding patent in USPTO
« on: 04-20-11 at 09:36 am »

Hello there,

I've found a patent over WIPO and would like to check if the maintenance fees have been paid.

Reading the forum I've found out that this is done through the USPTO site https://ramps.uspto.gov/eram/getMaintFeesInfo.do but, in order to fill the numbers the application requests I've to find the patent in the USPTO DB which I can't seem to find.

What does this means? The patent is internationally filled, US included, shouldn't the patent figure in USPTO DB? In WIPO is pretty easy to find it.

Thanks on any thoughts.
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JimIvey

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Re: Problem finding patent in USPTO
« Reply #1 on: 04-20-11 at 09:55 am »

First, just to be sure we're all on the same page, you're referring to an issued US patent, right?  Not an application.  In the US, applications do not require maintenance fees.

You should be able to find the patent here:
http://patft.uspto.gov/netahtml/PTO/search-bool.html

I just looked up patent US 7,000,000 as an example.

At the top right, you'll see the patent number "7,000,000".  That's the patent number you'll need for your maintenance fee query form (but without the commas: "7000000").

A little further down, you'll see this:
"Appl. No.:    09/857,572"

That's the application number you'll need for the form, but without the slashes and commas: "09857572"

That should work for you.

Regards.
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James D. Ivey
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zeric

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Re: Problem finding patent in USPTO
« Reply #2 on: 04-20-11 at 10:22 am »

thanks JimIvey,

When I find for the patent in the WIPO patent search tool the info I get is:
Pub. No.:        WO/20**/******        
International Application No.:        PCT/US20**/******
Publication Date:   **.**.****   
International Filing Date:   **.**.****
IPC:   ?**? */** (****.**)

There is never a 'Patent Number'. I've tried to search for the patent over that site you posted and nothing comes up :/
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JimIvey

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Re: Problem finding patent in USPTO
« Reply #3 on: 04-20-11 at 10:47 am »

International Application No.:        PCT/US20**/******

That's a PCT application filed with the PCT through the US Receiving Office (RO).  That's not a US patent or even a US patent application.  You won't find that on the web page you listed.  It won't have any maintenance fees required.

International Filing Date:   **.**.****

That date (or perhaps a Priority Date if earlier) can give you a clue about when a US application must be filed if at all -- 30 months from the earlier of those dates.  18 months from that, the US application should be published, if one was filed.  As to when a patent might issue, can't say.

Actually, you should search for related applications using INPADOC.  You can access it here: http://worldwide.espacenet.com/  Just searching for any application, related applications are listed in an INPADOC section.  Or you can google for other sites that provide INPADOC results.

In fact, given that the PCT application was filed in the US, there's a good chance that the priority document listed on the PCT application is a US application.  The application number will be of the form "##/###,###".  It should be published at about 18 months from its filing (i.e., the priority date of the PCT application, and probably about 6 months from the International Filing Date).

Regards.
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James D. Ivey
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zeric

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Re: Problem finding patent in USPTO
« Reply #4 on: 04-20-11 at 12:21 pm »

I'm a newbie in this world and I was assuming stuff that shouldn't be assumable.

Many thanks on clarifying this one for me Jim.


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