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MaxVal Releases the PTA Wizard – A DIY Tool to Calculate USPTO Patent Term Adjustments

MaxVal has just released the PTA Wizard – a powerful do-it-yourself tool for verifying the patent term adjustment calculations of the US patent and trademark office.

The USPTO extends the normal term of a patent with a patent term adjustment that is based on delays in prosecution. The calculation is complicated and is supported by data that resides in the USPTO PAIR system. The PTA Wizard allows users to view all the data and see how it has been used to compute the PTA. Users can make changes to the data to see the impact of missing data or mistakes that may have been made on the PTA.

How the PTA Wizard works

After logging in, users have to enter the patent number. The PTA Wizard then imports the relevant information from the USPTO PAIR system. Clicking “Import PTA Data” retrieves all the current PTA-related data from PAIR, which is saved in the database of the PTA Wizard. Your work is listed on the home screen allowing you to save your work and resume your analysis at any time.

PTA Wizard_1

Once the data is loaded, the PTA Wizard shows the PTA calculation of the PTO, and a new PTA is calculated based on the updated contents of the PAIR file. Users can access the application data, the PTO calculation details, and the updated calculation using tabs. These tabs are laid out in a manner that is similar to the PAIR record layout.

PTA Wizard_2

To see the details behind the PTA value, users can check each type of delay. The “A Delay” activities are shown below. The delays are color coded and linked. Yellow activities are those entered by the USPTO, orange by the applicant, and red activities denote an RCE (Request for Continued Examination).

PTA Wizard_3

Users can add new activities or edit existing activities. Users can change the delay value directly, or change the activity date or start/stop value. The PTA Wizard will then automatically calculate a new delay value based on the new activity date or start/stop value.

PTA Wizard_4

When you are done analyzing and editing the delay data, you can click “Export to Excel”. A summary of the PTA calculation is shown in the “Extension” tab. All the activity details are shown in the “IFW” tab.

PTA Wizard_5

If you wish to petition for a change to the PTA, you can use this information in your petition.

PTA Service

MaxVal offers a Patent Term Adjustment Calculation Service where an expert staff member at MaxVal goes directly into PAIR to recompute and verify whether the PTA calculation of the PTO is correct. With the PTA Wizard, users themselves can easily verify the computations. By this, users gain insight into the underlying data and are able to reduce costs.

If correct patent term adjustments are important to your business, you should try the PTA Wizard.

See a video demonstration of the PTA Wizard

Contact bd@maxval.com for more information.

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MaxVal’s Max-Insight: Popular Toolset for Patent Professionals Gets Better

Max-Insight is a suite of tools that is offered by MaxVal for patent professionals.  The tools are designed to help with routine tasks that can consume a lot of a patent professional’s time.

Patent Term Estimator – The Most Popular Tool

This free tool automatically estimates a patent’s expiration date, which is the first step in analyzing a patent. When a highly accurate patent expiration date is required, for example in preparation for litigation or for a licensing negotiation, MaxVal provides a comprehensive Patent Term Calculation report, including a manual review of the source data by a paralegal.  This report is available for a fee.

Max-Insight

Here is a complete list of the tools available through MaxVal’s Max-Insight:

  • PAIR AlertTM
  • Patent Term Estimator
  • Patent Family Tree
  • Claim Chart Generator
  • IDS Generator (for Information Disclosure Statements)
  • USPTO Widget (for patent data lookup by publication or application number)
  • Claims Set Comparison Tool
  • PAIR Uploader (upload EFS ready documents in bulk to PAIR)
  • Litigation Checker (quickly check to see if a patent has been involved in any litigation)
  • Patent Assignment Tracker

An entry level subscription to the Max-Insight suite is available for free at MaxVal.com.  Unlimited access is available with Enterprise paid subscriptions.

MaxVal has recently released a number of enhancements to the tool suite.  This includes,

  • SSL security protection. All transactions are now protected with a Secure Sockets Layer.
  • IDS Generator E-Mail. The IDS Generator now delivers results directly to the user via e-mail.
  • Claim Chart Generator. The Claims Chart Generator can now extract claims from EP and PCT cases, in addition to U.S. cases.
  • Litigation Checker tool. Users can now check the litigation status of Design patents and Re-issued patents, in addition to Utility patents.

Enhancements to MaxVal’s Alert Services

In addition to Max-Insight, IP professionals rely on MaxVal’s Alert Services to keep them up to date on their own or competitors’ applications and cases.

MaxVal has recently released its PTAB Alert Service. You can track the progress of PTAB cases automatically.

MaxVal’s Litigation Databank contains a comprehensive database of U.S. District Court, CAFC, ITC and Supreme Court cases.  You can set “watches” to alert you of changes to the status of cases of interest to you and your clients.

PAIR Alert  – An email-based alert assists patent professionals in tracking PAIR/EPO patent prosecution status and IFW updates for patent applications of interest (your/competitors’).  PAIR Alert is now available as part of Max-Insight.
Coming Soon: Self-service PTA Calculator

MaxVal will soon release an enhanced Patent Term Adjustment calculator.  This new tool supports attorneys and paralegals who wish to do the (PTA) recalculations themselves, but want assistance in gathering the required data.

MaxVal welcomes user feedback and suggestions on the tools.  We are continuing to develop the tools in response to user input.  If you have not tried Max-Insight, we suggest you do.  The basic tools are available at no cost with free registration.  Sign up here.


5 Everyday Tasks of Patent Attorneys/Paralegals (and Instant Solutions)

Patent attorneys and paralegals handle a sizable list of routine tasks for their clients every day. Some are minor but repetitive; some are complicated as well as time consuming. While it may not be possible to completely automate those complex tasks like drafting claims, prior-art search, proofreading or certain USPTO activities; it is feasible that certain simple tasks like patent term estimation, generating IDS forms or claim charts or even a mere litigation check can be done rapidly and efficiently by leveraging the power of online tools. These tools are the helping hands for Patent attorneys, paralegals and even for individual inventors, not only when they are looking to save time, effort and money, but also when they want to make some informed decisions.

Let’s see the 5 tasks that take the productive hours of patent attorneys or their team when it’s done manually but become easier when using some online tools.

1. Determining the term of a patent is primarily carried out to see until when a patent is in force. Usually the term of a patent is calculated by considering several factors like filing date; grant date, PTA, PTE, terminal disclaimers, maintenance fee payment details, etc. There are times when we look for a basic yet an instant way to estimate the term of a patent.

PTEInstant Solution-1: Patent Term Calculator
For those who want to get simple estimates, Patent Term Calculator is an instant tool that estimates the term of a given U.S patent number. It fetches the patent data from EPO/INPADOC to do this estimation.
It collects all the priority numbers/dates and identifies the right priority date (by eliminating the foreign and provisional priority) and adds the number of years based on the filing date and also extracts PTA days from the face of the patent when available and adds it to the term. It will also check for presence of TD on the front page and indicate in the interface.

2. Patent Family Tree is the graphical representation of a patent family based on genealogy and timeline. It is usually used to visualize the relationship of the patents and the jurisdictions covered.

PTFGInstant Solution-2: PTFG
Patent Family Tree Generator (PFTG) generates a visually interpretable family tree using any given patent, application, or publication number. The patent family tree is generated based on genealogy and timeline. This product extracts the priority information from INPADOC and groups it to generate an extended family tree where all the applications that share at least one common priority are included in the map, which includes provisional and abandoned applications.


3. IDS Submission (PTO/SB/08A and 08B)
is a critical part during the US patent prosecution process. An inventor or his representative is obligated to submit all the known prior-art material to the patentability of the invention. Attorneys and paralegals often spend hours generating IDS forms every time when they want to submit citations for their clients. Usually the time is spent on checking the accuracy of the data (i.e., the inventor/assignee names, publication dates, etc.)

IDS GeneratorInstant Solution-3: IDS Generator
Make this long process shorter. Through this tool, anyone can easily generate IDS forms in the USPTO-approved EFS-ready format. You simply enter patent or publication number(s) or copy and paste from a document (Word or Excel); the tool takes care of the rest. This tool extracts the relevant inventor/assignee and the dates from official public database and auto populates the form.

 

4. Claim Charts are usually prepared while evaluating the patent claims or during an infringement analysis.


Claim Chart Generator-newInstant Solution-4:
Claim Chart Generator
This handy tool generates claim charts broken down by claim element in a downloadable format in a click for any given U.S. patent/publication number, PCT Number, or EP patent/publication number. You can also choose the output formats as Word, Excel or HTML.

 

5. Checking whether a patent has been litigated is mostly executed by attorneys and paralegals for research, licensing, acquisition, or litigation purposes.

Litigation CheckerInstant Solution-5: Has This Patent Been Litigated?
This tool is a lighter version of the MaxVal’s Litigation Databank that gives a quick answer about the litigation history of a patent. You just input the patent number and it tells you if it’s been litigated or not along with the number of cases. One can use this tool to perform litigation checks for cases across US District courts, CAFC, ITC and the Supreme Court.