[Patentcenter] IDS

Andrea R. Jacobson arj at mcgarrybair.com
Mon Jan 15 09:29:48 EST 2024


In our experience, it will file fine. It’s apparently a “feature” and impacts only the preview; if you download the form the info is there. This question has come up before, if I recall correctly.

Update: Found what I was looking for in the list archive:
Mon Nov 13 14:28:30 EST 2023
________________________________

While filing an IDS on Saturday using the USPTO’s IDS form,  PTO/SB/08a (02-18), when I previewed the uploaded file using a Mac (the problem occurs both in Chrome and Firefox browsers), the fields with identifying information in the upper right hand corner of the IDS form appeared completely blank. I checked the file, uploaded it again, and had the same result. I was about to redo it in EFS-Web but recalled something related in listserv comments, so instead of using the ‘Preview” feature, I downloaded the file I had uploaded and saw that what the USPTO had was OK. Still a time-waster and definitely not a confidence builder.

I called the EBC to ask about this today. They said it’s not a bug but a feature. The “feature" is that preview in PatCenter allegedly provides the PUBLIC view, so it’s necessary to hide confidential information like names. Such information hiding is not consistently applied to other forms such as a power of attorney or a provisional cover sheet. Why would IDS info be treated this way?

I told the EBC customer service rep that the EFS does not hide information on a document a patent practitioner has just uploaded. Forcing a public view filter seems improper. Preview should let us quickly confirm that what was uploaded looks OK. It’s a useful feature of EFS that is not properly implemented in the Patent Center. I asked if the public view is applied to other documents. The customer service rep told me they did not know and that I would have to contact the developers (emods at uspto.gov<http://oppedahl-lists.com/mailman/listinfo/patentcenter_oppedahl-lists.com>) to learn more. I politely asked how can the USPTO claim 100% of EFS-Web functionality is provided if the Patent Center doesn’t provide a properly working preview feature found in EFS-Web. Again, I was told I would need to contact the developers.


Jeff Lindsay
jeff at jefflindsay.com<http://oppedahl-lists.com/mailman/listinfo/patentcenter_oppedahl-lists.com>
+1 920-257-7347





________________________________
From: Patentcenter <patentcenter-bounces at oppedahl-lists.com> on behalf of Irving Fishman via Patentcenter <patentcenter at oppedahl-lists.com>
Sent: Monday, January 15, 2024 8:00:46 AM
To: patentcenter at oppedahl-lists.com <patentcenter at oppedahl-lists.com>
Cc: Irving Fishman <ifishman at irvfishmanlaw.com>
Subject: [Patentcenter] IDS


On filing an IDS last week and checking the preview of the uploaded documents, I noticed that the fields at the top of the form for identifying the application to which the IDS was being filed had been dropped.  I removed the document and completed a new clean IDS form and uploaded it again with same result.  I then tried taking an older form from another case, deleting all of the information there and completing it with my current application information and reloaded it with same result.  EBC’s only comment was that this was a “known bug” and had no idea of when it would be resolved.  On questioning ebc whether there was any workaround, they had absolutely no suggestion.  When I asked if the IDS would be properly matched with the case in question, they said it should be, but I would have to await it showing up in Patent Center to know fir certain.  On expressing that this was my last day to file the IDS without incurring additional fees for the client, they had no suggestion.



Finally, I gave up, printed out the properly completed IDS, scanned it, and uploaded it (with the typical warning that this is not a USPTO loadable form) and filed the submission (which correctly turned up in Patent Center the next day.



Completely frustrating especially since Patent Center can’t even properly handle the USPTOs own forms.





Irving M. Fishman

Registered US Patent Attorney

89 Headquarters Plaza

Suite 1422, North Tower

Morristown, NJ 07960

(Mobile) 201-602-7122

(Office) 973-285-1548

e-mail (primary):  ifishman at irvfishmanlaw.com<mailto:ifishman at irvfishmanlaw.com>

e-mail (backup) Fishmanirving at gmail.com<mailto:Fishmanirving at gmail.com>


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