[Patentcenter] Patent Center XML files download slower than from Private PAIR and contain less information

[George Jakobsche]

As Patent Center users may be aware, these issues may cause problems, particularly if automated docketing software relies on the XML files. For example, AppColl automatically downloads XML files to retrieve information, such as after an Office Action or Issue Notice is issued by the USPTO. The comments (below) were sent by AppColl to its users.

These inadequacies in Patent Center XML files are additional reasons Patent Center is not ready for production use. If members of the list write to, or meet with, USPTO representatives about Patent Center, I suggest they include these XML file issues in any list of specific problems.

>From AppColl (emphasis added):

With the transition to Patent Center, we are finding that some XML files don’t include the issue date and patent number on the day the Notice of Issuance is mailed. This may result in tasks triggered from the issue date not being generated. We do not currently know how long it takes for the USPTO to include the issue date in the XML file after the Notice of Issuance mailing.

For PM Plus accounts, when AppColl receives an e-Office action for a Notice of Issuance, the XML will be downloaded the same day. If the XML does not contain the issue date at that time, the IssueDate field in the matter in AppColl will not be populated and consequently tasks using the date will not be triggered. Note that AppColl will not automatically download the XML file again until another e-Office action is received for the matter.

Until the PTO fixes this issue, we recommend manually entering the issue date and patent number any time you receive a Notice of Issuance for your U.S. patents. Please note that the issue date is required for AppColl to generate maintenance fees tasks.


  *   The performance of retrieving XML files and documents from Patent Center is significantly slower than Private Pair. Your documents and matter updates may take longer to complete each morning.

  *   Some customers may have experienced an increase in “Review USPTO Communication” tasks appearing on their docket over the past few days, most of which are redundant. These additional tasks are a direct result of the different information in the Patent Center XML files. The redundant tasks should simply be marked as “Not Needed”. If they are deleted, they will be regenerated the next time an XML is loaded for the matter. We regret the inconvenience this may cause.

  *   Another important difference with Patent Center XML files is that they no longer contain the historical information used to create the “USPTO:” tasks. The former “USPTO”: tasks showed the transaction history for a patent (e.g., when an Office Action was mailed, when a Notice of Allowance was mailed, etc.). With Patent Center removing this information from XML files, “USPTO:” tasks will no longer be generated.

Best regards,
George
George Jakobsche Patent Counsel PLLC
39 Old Farm Road, Concord, MA 01742-5234
George at JakobscheLaw.com<mailto:George at JakobscheLaw.com> | +1-978-245-8100

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