Key Takeaways

  • The Public PAIR (Patent Application Information Retrieval) system provides free access to U.S. patent application data, while Private PAIR is restricted to authorized users.
  • Public PAIR allows anyone to track patent application progress, view bibliographic data, prosecution history, and official correspondence.
  • File histories appear in PAIR after publication or patent grant; unpublished applications remain confidential.
  • Public PAIR data can help monitor competitors’ filings, identify prior art, and verify application statuses.
  • Bulk data downloads from Public PAIR are restricted, but users can access large datasets through the USPTO’s Bulk Data Products portal.
  • The USPTO is gradually transitioning from PAIR to Patent Center, which integrates both public and private functions for improved accessibility.

PAIR patents refer to the Patent Application Information Retrieval system at the United States Patent and Trademark Office. This is where the public can access patent documents and other data. Some people are looking for alternatives to PAIR because they're unable to find all the information they need.

When Does a File History Appear in PAIR?

Many patent applications filed in the U.S. appear to be published, but they don't show up in PAIR. Even if someone has a publication or application number, he or she might find the application information at another patent information site but not at PAIR.

The USPTO began providing patent file histories on the PAIR site in 2003. Non-patent lit documents, known as NPL, aren't available because of copyright issues.

Understanding Public vs. Private PAIR

The Public PAIR system enables anyone to access published U.S. patent application data, including the bibliographic details, application status, office actions, and correspondence between applicants and the USPTO. It’s a crucial tool for researchers, inventors, and attorneys to track pending patents and study prosecution trends.

In contrast, Private PAIR is accessible only to registered patent practitioners, agents, or applicants who have been verified through a USPTO Public Key Infrastructure (PKI) certificate. It provides additional access to unpublished or confidential applications still under review.

Key differences include:

  • Access: Public PAIR is open to anyone; Private PAIR requires authentication.
  • Data Visibility: Public PAIR only shows published or granted applications; Private PAIR includes pending and confidential ones.
  • Functionality: Private PAIR users can receive real-time updates and manage filings directly.

By comparing public and private systems, users can better understand how to use Public PAIR effectively for monitoring competitor patents or verifying the progress of their own published applications.

Using PAIR to Look Up Patent Applications

PAIR can be helpful if you want to keep up with a pending patent application. You can use PAIR to check the latest information, even if you're using the services of a patent practitioner who you trust. 

Besides the public PAIR, the Patent Office maintains a private system, where registered practitioners and other parties can see their applications, no matter what the publication status is. Anything that a practitioner files with the Patent Office can be viewed immediately in the private system, providing it's properly associated with the PAIR account he or she holds.

The private PAIR system gives an indication of when an application is expected to be processed. Unfortunately, these estimations aren't very accurate.

To get a file history for an international patent application, also called a PCT or Patent Cooperation Treaty, visit the website for the World Intellectual Property Organization. The USPTO doesn't keep records for these types of applications.

How to Use Public PAIR Effectively

Using the Public PAIR interface, you can search for applications using several identifiers:

  • Application number
  • Publication number
  • Patent number
  • PCT number (for international filings)
  • Control number (for reissue or reexamination applications)

Once you locate an application, the system provides multiple tabs of information, including:

  • Application Data: Basic bibliographic information, filing and publication dates, and examiner details.
  • Image File Wrapper (IFW): Access to all publicly available correspondence and Office Actions.
  • Transaction History: Timeline of all USPTO actions and applicant responses.
  • Continuity Data: Information linking parent and child applications.
  • Foreign Priority: Details about related foreign filings.

Public PAIR is invaluable for tracking the lifecycle of a patent application, understanding rejections or amendments, and assessing prosecution strategies used by other applicants. It also aids due diligence during mergers, acquisitions, or IP licensing.

Limits Placed on PAIR Downloads

In May 2015, the USPTO began restricting users' ability to perform bulk downloads from the public PAIR system. Users noted that when they attempted to download entire file histories (barring NPLs) on the public system, their download attempts failed. Any future attempts to download portions of a file history also met with failure.

Progressive attempts yield fewer results. For instance, if a user initially downloaded 20 documents, the system cut that number down to 10, and then cut the number down to five. The Patent Office's Electronic Business Center says it has limited bandwidth. If groups exceed download limits, they will be shut down.

The EBC contends that public PAIR was not designed for bulk downloads. They provide a service for users who wish to download bulk data. The agency issued a warning that if users exceeded download limits (regardless of what the limits are), the system would issue an error and users would no longer be able to download anything after that point. This poses a real problem for some users. 

The service that the EBC referred to for bulk downloads is outlined on the agency's webpage devoted to Bulk Data Products. The Patent Office notes it's had an agreement with Reed Technology Information Services since 2013. The agreement is designed to make trademark and patent bulk data for the public to be readily available at no cost.

Reed Tech is supposed to continue working on a data product that's not yet available at the USPTO. This product will consist of public PAIR data. Users point out a couple of problems with this service provided by Reed Tech. 

  • All applications aren't available for download. 
  • The .zip files that Reed Tech provides are slow to download, and a separate PDF file exists for each document in a file history.

The USPTO works to keep services and information available to the public via online channels. If a third party uses any operation or activity (manual or automatic) to decrease or deny the available services of the USPTO to other customers, the Office will deny the third party access to any of its internet resources.

Although the public PAIR system has some uses, it can be limiting at times. You might want to begin with PAIR and then check with your trusted patent practitioner for further information.

Transition to Patent Center and Data Access Alternatives

The USPTO has begun transitioning from the PAIR system to the Patent Center, which consolidates both Public and Private PAIR functionalities. Patent Center offers improved navigation, bulk download tools, and integration with electronic filing systems.

For users who need extensive data sets, the USPTO Patent Examination Research Dataset (PatEx) and Patent Bulk Data Products portals are better alternatives to circumvent download restrictions. These repositories provide complete datasets, XML files, and machine-readable records for advanced research and analytics.

Users should note that PAIR and Patent Center access is subject to the USPTO’s data security policies, which prevent automated data mining or scraping that could interfere with public access. When using bulk data, it’s important to comply with these usage limits to avoid access suspension.

While Public PAIR remains active during the transition, the USPTO encourages users to familiarize themselves with Patent Center for future submissions and tracking needs.

Frequently Asked Questions

1. What is Public PAIR used for? Public PAIR allows anyone to view published U.S. patent applications, track their prosecution status, and access publicly available documents.

2. What’s the difference between Public and Private PAIR? Public PAIR provides access to published applications, while Private PAIR is restricted to verified users who can view confidential or pending cases.

3. How do I access Public PAIR? You can access it through the USPTO website by entering an application, publication, or patent number.

4. Why can’t I download entire file histories from PAIR? The USPTO limits bulk downloads to preserve server capacity, directing users to official bulk data portals for large-scale access.

5. Is Public PAIR being replaced? Yes. The USPTO is transitioning its systems to Patent Center, which merges the functions of both Public and Private PAIR for easier, modernized access.

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