Locating Patent File Histories


Patent file histories, or file wrappers as they are also known, are the historical record of all documentation submitted with an original patent application, such as invention disclosure, claims and drawings. Additionally, the file history may include USPTO actions and examination information, interview summaries, application revisions and amendments, petitions, fee information, and other general information exchanged between the applicant and the USPTO throughout the examination process.

There are several services from which to retrieve patent file histories. Westlaw, Lexis, and Micropatent have pay-as-you-go services. NERAC and Delphion are annual subscription options. Pricing for patent file histories is comparable across the services.

Compiled by Carolyn J. Trask, May 2007.


WESTLAW
http://www.westlaw.com

On Westlaw, patent file histories can be located from within a retrieved patent, or directly from the Patent Practitioner Tab under Prior Art. Document delivery service is provided through Courtexpress. Pricing for retrieval of U.S. patent file histories delivered via email or PDF formats is $1.25 per page, searchable text is available for an additional $1.25 per page. File history minimum charge is $45.00. Foreign histories are available for $75 - 125 per history, plus $1.60 per page. Turn around time is 24-48 hours for most file histories.



LEXIS
http://www.lexis.com or http://www.reedfax.com

Lexis provides access to patent file histories from within patent search results, or from the Patent Research Task Page. Both options direct the document delivery request to REEDFAX. Billing for this service is processed through REEDFAX, not Lexis. Pricing for web delivery of U.S. patent file histories is $2.00 per page for searchable, $1.25 per page for static images. File History minimum charge is $35.00. ReedFax can provide "most" foreign file histories at $2.00 per page plus actual shipping charges. Turn around time is 24-48 hours for most file histories.



MICROPATENT
http://www.micropat.com/filehistories/api.html

Thomson Scientific's Micropatent is the largest patent file history provider, offering immediate download of over 130,000 file histories for U.S. and foreign patents. Micropatent offers free online inventory look-up to see whether your requested file is already pre-scanned and immediate delivery if your file is in inventory. Patent file histories are a transactional service, but you do need to register as a user. Pricing for paper format is $1.00 per page, and $1.25 per page for basic searchable PDF. Annual subscriptions for heavy users can be arranged.



NERAC
http://www.nerac.com/

NERAC is a subscription based service for patent research. With a subscription, orders for patent file histories are processed through FaxPat. Pricing for U.S. patent file wrappers typically cost between $1.00-2.50 per page, depending on format preference (print, CD-ROM or electronic file), with a $45 minimum charge. Requested file histories usually require 24-48 hours delivery for recent patented files, and up to 3+ weeks for older patented files. Requests for copies of pending files may take additional delivery time depending on the current status and location of the file wrapper. Many pending files are undergoing examination and cannot be immediately accessed for copying.



DELPHION
http://www.delphion.com

Delphion is a annual subscription service that includes unlimited access to all search databases (except for Derwent) and unlimited patent images for the U.S., PCT, EP, German, and front-page JP databases. Delphion holds 120,000 of the most requested file histories in-house so delivery may be immediate. With annual seat license, patent file History orders are $45.00 for the first 45 pages (minimum charge), plus for each additional page $1.25 for .pdf static, $2.50 .pdf searchable. Delphion is also available through Westlaw.

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