U.S. Patents

I.

U.S. PATENT SERIES

The following different series of U.S. patents are being or in the

past have been issued. The date of patenting given on the face of each copy is the

publication date and is the one usually cited. The filing date, in most instances

also given on the face of the patent, is ordinarily the effective date as a

reference. See

MPEP §§

2127, subsection II

,

2136

and

2154

. The

pre-AIA 35 U.S.C. 102(e)

date of

a U.S. patent can be an earlier effective U.S. filing date. See

MPEP § 2136

et

seq. The

35 U.S.C. 102(a)(2)

prior art date of a U.S. patent issued

from a nonprovisional application claiming the benefit of a prior domestic

application or priority to a foreign filed application may be the filing date of the

prior filed application. See

MPEP § 2154.01(b)

.

X-Series.

These are the approximately 10,000 patents issued

between 1790 and July 4, 1836. They were not originally numbered, but have since been

assigned numbers in the sequence in which they were issued. The number should

not

be cited. When copies are ordered, the patentee’s name and

date of issue suffice for identification.

1836 Series.

The mechanical, electrical, and chemical patents

issued since 1836 and frequently designated as “utility” patents are included in this

series. A citation by number only is understood to refer to this series. This series

comprises the bulk of all U.S. patents issued. Some U.S. patents issued in 1861 bear

two numbers but only the larger number should be cited.

Reissue Series.

Reissue patents (see

MPEP § 1401

) have

been given a separate series of numbers preceded by “Re.” In citing, the letters and

the number must be given, e.g., Re. 1776. The date that it is effective as a

reference is the effective date of the original patent application, not the filing

date of the reissue application.

Design reissue patents are numbered with the same number series as

“utility” reissue patents. The letter prefix does, however, indicate them to be

design reissues.

A.I. Series

Re.” In citing, the letters and

the number must be given, e.g., Re. 1776. The date that it is effective as a

reference is the effective date of the original patent application, not the filing

date of the reissue application.

Design reissue patents are numbered with the same number series as

“utility” reissue patents. The letter prefix does, however, indicate them to be

design reissues.

A.I. Series.

From 1838 to 1861, patents covering an inventor’s

improvement on their own patented device were given a separate series of numbers

preceded by “A.I.” to indicate Additional Improvement. In citing, the letters and the

number must be given, e.g., A.I. 113. About 300 such patents were issued.

Plant Patent Series.

When the statutes were amended to provide for

patenting certain types of plants (see

MPEP Chapter 1600

) these patents

were given a separate series of numbers. In citing, the letters “P.P.” and the number

must be given, e.g., P.P. 13.

Design Patents.

Patents for designs (see

MPEP Chapter 1500

)

are issued under a separate series of numbers preceded by “D.” In citing, the letter

“D” and the number must be given, e.g., D. 140,000.

II.

CERTIFICATES AFTER THE ISSUANCE OF A

U.S. PATENT

Following the issuance of a U.S. patent, the patent

may be amended through a variety of Office proceedings. Each of these proceedings

concludes with the issuance of a certificate which identifies the manner in which the

patent was amended.

Reexamination Certificates.

A

reexamination proceeding is concluded by the issuance and publication of a

reexamination certificate, which indicates all changes to the specification,

including the claims, and drawings. Any changes made during the reexamination

proceeding may not enlarge the scope of the claims or introduce new matter. Upon

publication of the reexamination certificate, all changes are incorporated into the

patent. Accordingly, the prior art date for subject matter in the reexamination

certificate is the same as the prior art date for the patent that was reexamined. See

35 U.S.C

ims, and drawings. Any changes made during the reexamination

proceeding may not enlarge the scope of the claims or introduce new matter. Upon

publication of the reexamination certificate, all changes are incorporated into the

patent. Accordingly, the prior art date for subject matter in the reexamination

certificate is the same as the prior art date for the patent that was reexamined. See

35 U.S.C.

307

and

pre-AIA 35 U.S.C. 316

.

Certificates of Correction.

A

certificate of correction corrects errors in the patent and is considered as part of

the original patent. A patent, together with its certificate of correction, will have

the same prior art effect as if the original patent was issued in the corrected form.

See

35 U.S.C.

254

and

255

.

Post-Grant Review Certificates.

Once the Patent Trial and Appeal Board (PTAB) issues a final decision on post grant

review proceeding and the time for appeal has expired or any appeal has terminated,

the Office will issue and publish a post grant review certificate canceling any claim

of the patent finally determined to be unpatentable, confirming any claim of the

patent determined to be patentable, and incorporating in the patent any new or

amended claim determined to be patentable.

Inter Partes Review Certificates.

Once the PTAB issues a final decision in an

Inter Partes

Review

proceeding and the time for appeal has expired or any appeal has terminated, the

Office will issue and publish an inter partes review certificate canceling any claim

of the patent finally determined to be unpatentable, confirming any claim of the

patent determined to be patentable, and incorporating in the patent any new or

amended claim determined to be patentable.

Derivation Certificates.

At the

conclusion of a derivation proceeding, if the final decision of the PTAB is adverse

to claims in a patent, and the time for appeal has expired or any appeal or other

review of the decision has terminated, the Office will issue and publish a derivation

certificate canceling those claims of the patent

in the patent any new or

amended claim determined to be patentable.

Derivation Certificates.

At the

conclusion of a derivation proceeding, if the final decision of the PTAB is adverse

to claims in a patent, and the time for appeal has expired or any appeal or other

review of the decision has terminated, the Office will issue and publish a derivation

certificate canceling those claims of the patent. Inventorship of a patent may also

be corrected via a derivation proceeding.

III.

NUMBERS FOR IDENTIFICATION OF BIBLIOGRAPHIC DATA ON THE FIRST PAGE OF PATENT

AND LIKE DOCUMENTS (INID NUMBERS)

The purpose of INID Codes (“INID” is an acronym for

“

I

nternationally agreed

N

umbers for

the

I

dentification of (bibliographic)

D

ata”) is to provide a means whereby the various data

appearing on the first page of patent and like documents can be identified without

knowledge of the language used and the laws applied. They are now used by most patent

offices and have been applied to U.S. patents since August 4, 1970. Some of the codes

are not pertinent to the documents of a particular country and some which are may, in

fact, not be used. For a list of INID Codes, see

MPEP

§ 901.05(b)

.