Welcome to PatentablyDefinedTM.

If you have found your way here, you probably have an interest in transacting business with the USPTO. PatentablyDefined is a blog directed exclusively to this subject. By providing practical information, discussions of prosecution strategies, and examples, PatentablyDefined has become a trusted resource for inventors and patent practitioners alike. So browse this blog and feel free to consider and/or use the information and examples discussed here.

What To Do If You Omit A Document Or File The Wrong Document In A New, Electronically Filed Application

June 4, 2010

Many filing errors (e.g., the failure to file all of a document, the failure to pay a fee, or the unintended filing of an unrelated document) are correctable without penalty by a corrective electronic submission, if it is filed the very same day.  This post discusses a few of the filing errors correctable in this [...]

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Exercise Extra Care With NonPublication Requests

June 4, 2010

In a post back in June, I discussed how many filing errors/omissions in new, electronically filed applications may be corrected by a follow up submission on the same day.  Not every omission may be corrected this way, however.  Since my June post on the correction of filings, I have received several emails inquiring about the [...]

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The USPTO’s 25% Discount For Application Size Fee Calculations And How To Qualify For It

May 20, 2010

There are many advantages to filing applications via the USPTO’s electronic filing system (EFS-Web).  One practical advantage is that the USPTO measures the size of an electronically filed application differently than if it were filed by paper. An application filed under 35 U.S.C. 111 (this includes provisional, nonprovisional and design applications, and reissue applications) that [...]

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The New Electronic Filing System (EFS-Web) Contingency Option

May 20, 2010

The USPTO has announced a new plan to increase the availability of its patent electronic filing system, EFS-Web, by providing a new contingency option when the primary portal to EFS-Web experiences an unscheduled outage. Previously, the entire EFS-Web system was unavailable to the users during such an outage. The new EFS-Web contingency option will permit [...]

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The USPTO’S Newest Pilot Program – The Patents Ombudsman

April 7, 2010

Have you ever had a question about an application in prosecution but have been unable to find the correct person to assist you?  Have you ever been unsuccessful in obtaining assistance from an examiner or Supervisory Patent Examiner?  If so, you will want to take note of the USPTO’s new Ombudsman Pilot Program. The Ombudsman [...]

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