Nature of Artificial Priority Applications

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lionpat
Posts: 6
Joined: Fri Oct 26, 2018 8:54 pm

Nature of Artificial Priority Applications

Post by lionpat » Thu Jul 18, 2019 9:12 pm

Dear PatStat Support:

I posted this earlier, but may have failed to indicate that I was hoping for a response by PatStat product support (if possible). Thank you for any assistance!

I am looking for utility model applications with a U.S. filing as a priority. I realize that, typically, one excludes the 9XX,XXX,XXX numbers for priority applications because they are artificial. However, I would appreciate some additional information on what those artificial applications are in this context and whether they are ever useful.

Specifically,

1. Is it correct that artificial priority documents (9XX,XXX,XXX) from the U.S. represent provisional patent applications? Is this why they are not in DOCDB?

2. Are all U.S. artificial priority documents provisionals? If not, what else can they be?

3. Are the US artificial priority documents replenished if a provisional is converted to a standard application?

4. Is there any way to obtain the provisional patent application number and applicant name if it is never converted?

Thank you for any information you can provide!


Patent Information Marketing
Posts: 186
Joined: Fri Mar 03, 2017 1:16 pm

Re: Nature of Artificial Priority Applications

Post by Patent Information Marketing » Wed Jul 24, 2019 2:15 pm

Dear user,

In the data catalog we explain the artificial applications as follows (page 29 vers. 5.13 amend 1):

“Artificial applications are added to PATSTAT to manage doubt about applications which have not been captured in the DOCDB database from which PATSTAT is built. There are several cases:
- Application replenishment for priorities
- Application replenishment from citations...”

In other words, these artificial applications are created in order to guarantee that the structure of the database remains intact even in cases where:

a. we have a publication number but no corresponding application number, or
b. we have a priority number that is used only as a priority and not as an application.

This basically means that artificial applications are indeed used to represent US provisional applications (as per definition these are no true application, thus they will not have a publication ==> case b.). However, artificial applications are used to represent also any other priority number that is not used as application, not just provisional applications.

Please find the replies to your questions below:

1. Is it correct that artificial priority documents (9XX,XXX,XXX) from the U.S. represent provisional patent applications? Is this why they are not in DOCDB?
==> this is true, see above, but not only!

2. Are all U.S. artificial priority documents provisionals? If not, what else can they be?
==> No, see above. Any application withdrawn but used further as priority. For instance publication US 5856877 A (Espacenet link for sake of simplicity https://worldwide.espacenet.com/publica ... cale=en_EP) is a continuation of application US257921 filed on 10 June 1994, abandoned. Thus application US257921 will never have a publication associated to it. As a consequence this application will only appear as priority in DOCDB. In order to have a consistent table in PATSTAT, an artificial application is created.

3. Are the US artificial priority documents replenished if a provisional is converted to a standard application?
==> If the standard application is then published, then there is no need of artificial priority. The next PATSTAT edition will not use the artificial priority number any more. But for any provisional that will be mentioned on an official US publication, then an artificial application will be needed.

4. Is there any way to obtain the provisional patent application number and applicant name if it is never converted?
==> No, not that we know of.
Kind regards

Patent Information Marketing


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