Attachment 26 - DCB 2019-01 (21).docx
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- Patent Data and Document Management Federal contract opportunity
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- ACQ-20-0057
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This bulletin provides guidelines for European Union registered community design application numbers with four-digit extensions. The bulletin clarifies that an application may include multiple designs identified by four-digit extensions added to the base application number. Certified copies of applications can be identified by the base number alone covering all designs, or the base number plus a four-digit extension covering a specific design. The guidelines state that a certified copy identified by the base number alone or base number plus matching extension on the application data sheet would satisfy requirements, but a copy with a non-matching extension would not. Applicants can submit a corrected application data sheet or certified copy of the full application by base number alone to overcome inconsistencies.
The federal contract opportunity notice seeks proposals to provide the United States Patent and Trademark Office with indexing and scanning of paper patent application documents, quality review of electronically filed documents, patent data capture and composition for pre-grant publication and post-allowance issuance. Services include front-end processing, pre-grant publication, post-allowance processing, post-issuance processing, and quality control. Proposers must comply with technical references and production schedules provided in the forthcoming request for proposals.
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Text version
D a t a C a p t u r e B u l l e t i n
Number 2019-23 November 7, 2019
EUROPEAN UNION APPLICATION NUMBERS WITH FOUR-DIGIT EXTENSIONS
The relevant information in this bulletin will be included in the 2020 revision of
DATA ENTRY MANUAL FOR NON-UTILITY PATENT DOCUMENTS,
OTHER THAN PATENT APPLICATION PUBLICATIONS.
***This bulletin is effective immediately.***
See DATA ENTRY FOR NON-UTILITY PATENT DOCUMENTS, OTHER THAN PATENT APPLICATION PUBLICATIONS, Section I. DESIGN PATENT, Columns, Foreign Application Priority Data.
The following guidelines are added.
European Union application numbers with four-digit extensions
Background
A single application for a European Registered Community Design (RCD) may include multiple designs. Multiple designs included in a single RCD application are identified by a four-digit extension (i.e., -0001, -0002, -0003, and so on). Depending on applicant’s request, the EUIPO will provide either (1) a certified copy of the entire RCD application that includes all the designs in the original application and is identified by the base application number only (e.g., 003313485); or (2) a certified copy of less than the entire RCD application that is limited to fewer than all the designs in the original application and is identified by the base application number with a four digit extension (e.g., 003313485-0004). As a result of the EUIPO’s practice, there may be inconsistencies between the RCD application number identified in the priority claim on an ADS and the RCD application number identified on the certified copy of the RCD application.
The policy with respect to European RCD applications is as follows:
1. a certified copy of a RCD application identified by only the base application number (i.e., the entire application) would be acceptable regardless of whether the ADS identifies the base application number with a four-digit extension;
1. a certified copy of a RCD application that identifies the base application number with a four-digit extension would be acceptable if the ADS identifies the base application number with the four-digit extension; and
1. a certified copy of a RCD application that identifies the base application number with a four-digit extension would not be acceptable if the ADS identifies the base application number only.
The below chart illustrates the various possible scenarios relating to certified copies of European RCDs.
| Certified Copy of RCD Application |
| RCD Application No. Identified on ADS |
| Requirements of 37 CFR 1.55 met? |
The certified copy is identified by only the base application number (i.e., the entire application including all the embodiments)
| Base application number and a four-digit extension |
| Yes |
The certified copy is identified by only the base application number (i.e., the entire application including all the embodiments)
| Base application number only |
| Yes |
The certified copy is identified by the base application number followed by a four-digit extension (e.g., -0004) (i.e., limited to fewer than all the embodiments in the entire application)
| Base application number and the four-digit extension |
| Yes |
| The certified copy is identified by the base application number followed by a four-digit extension (e.g., -0004) (i.e., limited to fewer than all the embodiments in the entire application) |
| Base application number only |
| No |
If applicant wants to claim priority to the specific embodiment, applicant can submit a corrected ADS to correct the application number in the priority claim by adding the four-digit extension for the specific embodiment (e.g., -0004).
If applicant wants to claim priority to the entire application, applicant can submit a certified copy of the entire application including all of the embodiments that is identified by the base application number only.
DCB No. 2019-23 Office of Data Management Page 3 of 3
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