Heather,
I think your assumption is incorrect. When the application series change
over, they start with 1 and continue to 999,999 without regard to previous
applications that had the same number in earlier series. I think you're
giving the USPTO receiving office too much credit. When an application comes
in, they give it the next available number.
Your attempts to locate info on US applications obtained from overseas
publications are likely to be futile. The USPTO will not release an
application or file history unless the application is listed on the front
page of a US patent publication. In the case of an applicant who filed in
the EP or PCT (for example), with a US priority application, but has no US
publication from that application (grant or pre-grant), there is no way
(that I know of) to determine the fate of the US application (abandonment,
rejection, delayed examination, etc.).
Andy Berks
Merck & Co.
-----Original Message-----
From: Heather Mariacher [mailto:ham@lahive.com]
Sent: Friday, December 06, 2002 3:22 PM
To: piug-l@derwent.co.uk
Subject: US Application Numbers
Hello All,
Does anyone know whether or not a serial number in a US application can be
reused when the series changes if the same number in the previous series is
still pending?
For example: an application was assigned 123,456 in 1990 and has not
granted. Another completely different application is assigned 123,456 in
1995, and subsequently granted as a patent in 1999. Does that mean the 1990
application was abandoned, or was the number simply re-used because the
series changed from 08 to 09?
I'm hoping this will be a way to determine the status of those mysterious US
applications we see as priority documents in patent families and can't find
anything about. If not, does anyone know a way to find out if a US
application went abandoned if there's no US children? The application I'm
interested in is the priority of an EP. The INPADOC record doesn't say
anything about the US priority lapsing.
Thank you!
Heather Mariacher
LAHIVE & COCKFIELD, LLP
28 State Street
Boston, MA 02109
T: (617) 227-7400 x369
----------------------------------------------------------------------------
------------------------------------------
The information contained in this email is confidential and intended
only for the use of the individual or entity named above. If the reader
of this message is not the intended recipient, you are hereby notified
that any dissemination, distribution, or copying of this communication
is strictly prohibited. Thomson Scientific will accept no responsibility
or liability in respect to this email other than to the addressee. If you
have received this communication in error, please notify us
immediately via email: postmaster@derwent.co.uk
----------------------------------------------------------------------------
------------------------------------------
------------------------------------------------------------------------------
Notice: This e-mail message, together with any attachments, contains information of Merck & Co., Inc. (Whitehouse Station, New Jersey, USA) that may be confidential, proprietary copyrighted and/or legally privileged, and is intended solely for the use of the individual or entity named in this message. If you are not the intended recipient, and have received this message in error, please immediately return this by e-mail and then delete it.
==============================================================================
This archive was generated by hypermail 2b30 : Fri Feb 14 2003 - 11:57:18 GMT