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Old October 19th 07, 08:39 PM posted to rec.radio.amateur.antenna
David George Johnson David George Johnson is offline
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First recorded activity by RadioBanter: Jul 2006
Posts: 4
Default patent application rules

On Thu, 18 Oct 2007 18:51:48 -0700, art wrote:

In reading up on the new rules for patent continuations and cost
changes e.t.c.
I decided to review patents applied lately for antennas.
To my surprise I could not find any new listing of a patent request on
antennas from private entities.
Applications listed were only those that had transferred direct
authority in dealing with the patent office


All the transfer of direct authority means is that the inventor has
hired an attorney. The fact that an individual hires a patent
attorney to help them prepare the application doesn't mean they are
not an individual inventor working by themselves out of their
basement. Its just that the USPTO web page does not have a separate
search criteria for applications where the inventor is acting "pro
se", that is, without the help of an attorney.

Now I know personally that there are patents applied for by the
inventors themselves so why are they kept secret
from the public at large?


All patent applications are published 18 months after their filing
date. This rule was enacted about ten years ago to comply with the
provisions of the GATT treaty, whch simply made USA practice
compatible with what the rest of the world had been doing for decades.

I am guessing but I can only assume that a
private claim can obtain authority
to change content later with the examiners assistance where-as others
cannot.


If you look at the USPTO web page under the "Public Pair" heading (its
under the general "Patents" subcategory), you can view the actual file
contents of every application 18 months after filing. This includes
the original application and claims as filed -- not just the content,
but a scan of the actual document that was filed.


If so this can affect the new continuance rulings immensly.

The problem with the old continuation rules was that there was no
penalty for filing infinte continuation applications. Now if you file
a third one you have to convince the USPTO that it is appropriate. I
suspect that the new rules will be successful in discouraging
excessive continuation filings.

Vincent got his antenna continuance claims in just about a month
before the rules changed. Rules have also been revised on the
substance of claims presumably to retard the increasing number of
counter claims tho no doubt it will open more paths to circumvent
existing patents. Just like politics, the more you revise policy the
more you increase loopholes and the more money exchanges hands between
those who introduce "corrective" additions. Some fees have gone up by
3% which is rare considering present social security increases so the
PTO at Crystal City is being really genourous


Its not a cost of living raise -- its based on the previous year's
actual expenditures. Some years the fees actually go down.


Art Unwin KB9MZ......xg