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.

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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A Discussion About S-Signatures With Examples

March 31, 2010

Introduction “S-signatures” have been accepted by the USPTO for several years now. An S-signature is an electronic signature betwen forward slashes and includes any signature made by non-handwritten means (i.e. electronic or mechanical).  See MPEP 502.02 and 37 CFR 1.4(d)(2). This type of signature was part of the changes made in the USPTO to support [...]

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The USPTO Announces A New Patent Prosecution Highway Using The PCT

March 4, 2010

On January 29, 2010, the USPTO began participating in a new Patent Prosecution Highway (PPH) pilot program with the European and Japanese Patent Offices, in their capacities as PCT International Searching and/or Preliminary Examining Authorities.  Under this new PCT-PPH program, certain PCT work product from either of these patent authorities acting in its PCT capacity [...]

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