PAIR Announcements

Advisory (20MAR2013): Some customers using Internet Explorer 9 and 10 are reporting they are unable to download PDF documents provided by the USPTO.  This includes forms listed on the forms web page, last 40 Acknowledgement Receipts from EFS-WEB, and Image File Wrapper documents from Private and Public PAIR.  The following message is displayed when the error occurs: “Filename.pdf couldn’t be downloaded.”  

Microsoft’s Knowledge Base has an article describing the issue and how to correct it.  It can be found on the following page:

http://support.microsoft.com/kb/2549423 .  Microsoft is the best source of information for questions related to the functioning of their software.

The issue can also be circumvented by using another browser such as Mozilla Firefox.

Please contact the EBC at 1-866-217-9197 / 571-272-4100 or via email at EBC@USPTO.GOV for assistance.

Advisory (01MAR2013):Java 7 Update 15 has been tested for EFS-Web and Private PAIR.  Both applications have full functionality with the exception of downloading patent and publication references in Private PAIR as explained below.

* NOTE: the hyperlinks under section U.S. Patent Documents on the Display References tab in Private PAIR, used to download U.S. patent and publication references, may not work with Java 7.

Cited patent and publication numbers can be obtained within the 1449 and IDS documents listed under section Reference Forms on the Display References tab.

To access and download cited patent references go to: http://patft/uspto.gov/netahtml/PTO/srchnum.htm.

To access and download cited U.S. publication references, go to: http://appft.uspto.gov/netahtml/PTO/srchnum.html

Java 7 Update 15 can be downloaded at: http://www.java.com/en/download/manual.jsp 

It is recommended that all other Java versions be uninstalled prior to updating to Java 7 Update 15.  

** Firefox users may need to enable support for Java 7 per instructions at: http://support.mozilla.org/en-US/kb/use-java-plugin-to-view-interactive-content

*** NOTE FOR Mac USERS: Mac OS X users who install Java 7 will not be able to utilize the Digital Certificate Management (DCM) to recover or create PKI certificates until further notice.

Assistance is available through the Patent Electronic Business Center at 866-217-9197 (toll free) or EBC@uspto.gov

Advisory (11FEB2013): * Notice of Clarifying Modifications made to the USPTO’s Public Key Infrastructure (“PKI”) Subscriber Agreement

The USPTO’s Public Key Infrastructure (“PKI”) Subscriber Agreement has been modified to clarify that it is strictly prohibited for a PKI certificate(s) holder using Private PAIR, to access any nonpublic patent application or documents owned by another, absent specific authorization. The Agreement modifications also clarify the procedures to be followed in the case of any such access, and the grounds for revocation of the certificate(s). Lastly, the modifications make clear that PKI certificate(s) issued are not licenses required by law.

You can download the modified PKI Subscriber Agreement at:

http://www.uspto.gov/patents/process/status/private_pair/PKI_Subscriber_Agreement.pdf

Continued use of the system after posting this notice will constitute agreement to the updated terms.

For assistance, please call the Patent EBC at (866) 217-9197 (toll

free) or send email to EBC@uspto.gov.

Advisory (30July2012): Delivery of U.S. Pre-Grant Search Results to the EPO Without Delay Requires Timely Consent From Applicants

Current EPO regulations require that search results from an application, to which a European patent application filed on or after January 1, 2011 claims priority, must be filed with the EPO without delay after the search results are made available to applicants. See Amended Rule 141(1) EPC (European Patent Convention).  For the time being, U.S. applicants are exempt from personally providing search results for a U.S. priority application to the EPO as a result of an arrangement worked out between the USPTO and the EPO, whereby the USPTO will electronically deliver search results from priority U.S. applications to the EPO, as a no-charge service to applicants.  See Electronic Delivery of Search Results From the United States Patent and Trademark Office to the European Patent Office, 76 FR 82279 (December 30, 2011).  

Maintenance of the exemption, however, is dependent upon delivery of search results by the USPTO to the EPO as soon as they become available, including when search results are available prior to publication of the U.S. application.  Because 35 U.S.C. 122 prohibits the USPTO from providing information about an as-yet unpublished application to a third party without the applicant’s consent, timely delivery of pre-publication search results requires applicant cooperation in providing the USPTO with the proper consent to release the search result information to the EPO.  Failure of applicants to provide the USPTO with the required consent will prevent the USPTO from delivering the search results in a timely fashion and could result in EPO rescinding the exemption, which would require all U.S. applicants to provide the search result information to the EPO at their own time and expense.

Therefore, applicants are strongly urged to timely file the Certification and Authorization form PTO/SB/69 (available at http://www.uspto.gov/forms/sb0069.pdf) in each application that is intended to form the basis for a claim of priority to a corresponding application filed with the EPO.  This form provides applicant’s consent for the USPTO to deliver to the EPO the search results from an unpublished U.S. application.  Applicants should file the form prior to filing a European application that claims priority to the U.S. application in order for search results to be delivered to the EPO without delay should they become available prior to publication of the U.S. application.

When filing form PTO/SB/69 using EFS-Web, applicants should be careful to select the correct document description “PTO/SB/69 - Authorize EPO Access to Search Results,” which can be found under the General Transmittal category.  Identifying form PTO/SB/69 using any other document description will significantly delay or prevent delivery of the search results from an unpublished U.S. application to the EPO.

Advisory (22SEP2011)  Continuity Data in Public PAIR and Private PAIR

Due to system limitations, some domestic benefit data is omitted from the "Continuity Data" tab in PAIR for a U.S. application which is a national phase or continuation of a PCT international application which was not filed with the receiving office of the United States (RO/US).  The current domestic benefit data for a particular U.S. application is indicated on the most recent filing receipt or bibliographic data sheet contained in the Image File Wrapper.