3/28/2010
專利公開公報及專利公告公報的不同
專利公開公報及專利公告公報的不同。
1、 原則上每一件專利申請案，其專利說明書在申請日之18個月會被公開於"公開公報"，公開的內容為申請當時的說明書。公開號大致為2000/000000A。但美國專利實務中，有「申請不公開」的制度，所以如果申請人申請不公開時，該專利說明書就不會被公開。
2、 專利經審查而核准後，該專利就會被公告於"公告公報"中，每一件專利都一定會被公告，公告的內容為經過審查而被修改過後的說明書、申請專利範圍及圖式。公告號大致為分為兩種：一為曾公開過的US700000B2；另一種為不曾被公開過的US700000B1。
3、 因此，只要是有公開最後又順利核准的專利，都會被記錄於"公開資料庫"及"公告資料庫"。未被核准的就僅會記錄在"公開資料庫"。申請過不公開且又順利取得專利的僅會記錄在"公告資料庫"。
公開號及專利號中最後面的英文字母及數字，一般稱為"kind code"，有它特殊的意思，請參考：
http://www.patentlens.net/daisy/patentlens/2354.html
(published on or after 2 Jan 2001)
Exemplary publ. no. Code meaning
US 2003/0157684 A1 first publication of application
US 2004/0038291 A2 second or subsequent publication of application, requested by applicant
US 2004/0185440 A9 correction of error(s) in previous publication (either A1 or A2); error(s) made by USPTO
US 6,207,883 B1 patent which was not published as a patent application
US 6,791,013 B2 patent which was prior published as a patent application (US 2002/0068359 A1)
US 6,197,585 C1 re-examined patent; claims may be unchanged, amended or canceled; appear to only be published in Official Gazette (OG)
re-exams are requested by applicant or third party
US RE038,571 E1 re-issued patent; claims may be broadened or narrowed; re-issuances are requested by applicant
US 2004/0177423 P1 first publication of plant patent application
US PP15,114 P2 plant patent which was not published as a patent application
US PPnn,nnn P3 plant patent which was published as a patent application
3/11/2010
答辯稿中請求項編號後方括號中所加註意指？
美國專利答辯稿會在各請求項編號後方括號中所加註指明之該案請求項的當次狀態：(original)、(currently amended)、(canceled)、(withdrawn)、(new)、(previously presented)以及(not entered)，該些用語是什麼意思？請參考如下。
Amendments to the Claims (37 CFR§1.121(c)):
If an amendment adds, deletes, or changes any claim, a listing of all claim numbers that are, or were, in the application, must be provided in sequential ascending order. After each claim number, a status identifier, in parentheses, should be provided. After each status identifier, the full text of the claim, except for “canceled” or “not entered” claims, must also be provided with changes shown in the manner of marking described above. Claims that are not currently being amended should be presented in clean copy form.
For each claim, only one status identifier from the following list must be used:
(Original): claim filed with the application
(Currently amended): claim being amended in the current amendment document
(Canceled): claim deleted from the application
(Withdrawn): claim still in the application, but in a non-elected statusPage 3
(Withdrawn -- Currently amended): claim in a non-elected status and being amended in the current amendment document
(Previously presented): claim added or amended in an earlier amendment document
(New): claim being added in the current amendment document
(Not entered): claim presented in a previous amendment document but which either (1) has not been entered or (2) the status of entry is unknown to Applicant (applies primarily to after final amendments)
Amendments to the Claims (37 CFR§1.121(c)):
If an amendment adds, deletes, or changes any claim, a listing of all claim numbers that are, or were, in the application, must be provided in sequential ascending order. After each claim number, a status identifier, in parentheses, should be provided. After each status identifier, the full text of the claim, except for “canceled” or “not entered” claims, must also be provided with changes shown in the manner of marking described above. Claims that are not currently being amended should be presented in clean copy form.
For each claim, only one status identifier from the following list must be used:
(Original): claim filed with the application
(Currently amended): claim being amended in the current amendment document
(Canceled): claim deleted from the application
(Withdrawn): claim still in the application, but in a non-elected statusPage 3
(Withdrawn -- Currently amended): claim in a non-elected status and being amended in the current amendment document
(Previously presented): claim added or amended in an earlier amendment document
(New): claim being added in the current amendment document
(Not entered): claim presented in a previous amendment document but which either (1) has not been entered or (2) the status of entry is unknown to Applicant (applies primarily to after final amendments)
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