Official Gazette Now On Westlaw

January 21, 2011

[Editor’s Note: A host of new IP-related tools are being released to Westlaw this month.  This article is one in a series dedicated to the new tools]

A collective cheer went up (seriously) around the Reference Attorney department when we learned the USPTO Official Gazette was coming to Westlaw ( FIP-OG-PAT).  Much of the data from the Official Gazette has always been available on Westlaw through KeyCite and Derwent’s PatStat database.  Even so, requests for the OG were very, very common. This is probably so for two reasons.  First, the OG is the primary source.  Derwent has been around a long time and is a trusted resource but sometimes there’s no substitute for searching the primary material on one’s own.  Second, the Derwent data provided only the critical post-issuance data, not the full text of the notices.

We gave the new database a spin. We tested this query on 1/19/2011 in both databases: re-exam! and da(2011). Here are some key differences between the OG and PatStat.

Results and Currency:

PATSTAT: 81 results.  Documents are delivered by patent number.  In other words, each document represents a result for a specific publication number.  The OG is published on Tuesdays.  The most recent OG reference in PATSTAT was from January 11th.  January 18th results appeared on 1/20.

OG: 61 Results.  Documents are delivered by OG page/volume number.  So, you’ll see several references for each document just as they appear in the Gazette. Most recent documents were from the previous day’s publication, January 18th.

Alert Strategies:

For PatStat results you might try a KeyCite alert on the patent you are watching.  Alternatively, set up a WestClip for the desired patent number (e.g. re-exam! & pn(1234567)).  The OG is not yet in KeyCite, however.  So, no KeyCite alerts for now.  But, because the OG database contains text of the USPTO notices, you may set up alerts/searches for more than just the critical post-issuance data.  For example:

USPTO Notices: action +3 notice

CFR Notices: c.f.r. +2 11.24 1.47

37 CFR 1.47 — Filing when an inventor refuses to sign or cannot be reached

37 CFR 11.24 —  Reciprocal discipline:

(a) Notification of OED Director. Within thirty days of being publicly censured, publicly reprimanded, subjected to probation, disbarred or suspended by another jurisdiction, or being disciplinarily disqualified from participating in or appearing before any Federal program or agency, a practitioner subject to the disciplinary jurisdiction of the Office shall notify the OED Director in writing of the same.

Exparte Reexaminations: ci(epr) This search can also be run in PatStat.  Results in FIP-OG-PAT, however, will include the same text found in the OG.