Finnegan
November 2016 Issue

IP5 Offices

Kind Codes

In this edition, we have compiled the Kind Codes that categorize patent documents in the IP5 offices. Because patent documents in many intellectual property offices retain the same identifying number throughout the patenting process, the documents are given a letter, known as a Kind Code, immediately after the identifying number to indicate where the document is in the patenting process. The Kind Code helps to distinguish the kind of patent document (e.g., issued patent, patent application publication, plant patent, design patent, utility model), the level of publication (e.g., first publication, republication, corrected publication), and whether a patent has undergone post-issuance review (e.g., reexamination, opposition). A common thread among the Kind Codes of most of the IP5 offices is that the letter “A” generally represents a published patent application and the letter “B” generally represents a granted patent, with small variations among the different offices.

United States


Summary of USPTO Kind Codes Used on Documents Published Beginning January 2, 2001

Kind Code

Kind of Document

A1

Patent application publication

A2

Patent application republication

A9

Corrected patent application publication

B1

Patent (no pre-grant publication)

B2

Patent (having pre-grant publication)

C1, C2, C3

Reexamination certificate

E

Reissue patent

H

Statutory Invention Registration (SIR)

P1

Plant patent application publication

P2

Plant patent (no pre-grant publication)

P3

Plant patent (having pre-grant publication)

P4

Plant patent application republication

P9

Corrected plant patent application publication

S

Design patent

Because of the new post-grant proceedings introduced in the USPTO following the America Invents Act (AIA) of 2011, new Kind Codes were added to designate patents that have undergone a post-grant proceeding.


Summary of USPTO Kind Codes Added After AIA

Kind Code

Kind of Document

F1, F2, F3

Supplemental Examination Certificate

J1, J2, J3

Post Grant Review Certificate

K1, K2, K3

Inter Partes Review Certificate

O1, O2, O3

Derivation Certificate

Europe
The EPO follows the standard of document Kind Codes set by the World Intellectual Property Organization (WIPO):

Summary of EPO Kind Codes Used on Documents Published 18 Months After Filing With The EPO or 18 Months After The Priority Date

Kind Code

Kind of Document

A1

European patent application published with European search report

A2

European patent application published without European search report (search report not available at publication date)

A3

Separate publication of European search report

A4

Supplementary search report

A8

Corrected title page of A document, i.e., A1 or A2 document

A9

Complete reprint of A document, i.e., A1, A2, or A3 document.


Summary of EPO Kind Codes Used on European Patent Specifications

Kind Code

Kind of Document

B1

European patent specification (granted patent)

B2

New European patent specification (amended specification after opposition procedure)

B3

European patent specification (after limitation procedure)

B8

Corrected title page of B document (i.e., B1 or B2 document)

B9

Complete reprint of B document (i.e., B1 or B2 document)

Japan
The JPO used to have a more complicated Kind Code system, but it has been simplified to a large extent to follow the WIPO standards, as shown in the table below.

Summary of Kind Codes of Industrial Property Documents Stored at JPO

Kind Code

Kind of Document

A

Unexamined patent publication (including those based on international applications)

B1

Examined patent publication (A-coded document has not been published)

B2

Examined patent publication (A-coded document has been published)

U

Unexamined utility model publication (including those based on international applications)

Y1

Examined utility model publication (U-coded document has not been published)

Y2

Examined utility model publication (U-coded document has been published)

A1

Domestic re-publication of PCT international application

H

Corrected patent specification

I

Corrected registered utility model specification

S

Registered design publication

 

 




 

 

 

 

 

 


China
SIPO simplified its Kind Codes in April 2010 to generally follow the WIPO standard. The current SIPO Kind Codes are listed below:


Summary of Kind Codes of Kind Codes Currently Used by SIPO

Kind Code

Kind of Document

A

Publication of patent application

B

Granted patent publication

U

Registered utility model publication

S

Registered design publication









Korea
The KIPO Kind Codes are an amalgam of the JPO and SIPO Kind Codes, as shown in the table below.


Summary of Kind Codes Currently Used by KIPO

Kind Code

Kind of Document

A

Unexamined patent publication

B1

Examined patent publication (A-coded document has not been published)

B2

Examined patent publication (A-coded document has been published)

U

Unexamined utility model publication

Y1

Examined utility model publication (U-coded document has not been published)

Y2

Examined utility model publication (U-coded document has been published)

S

Examined design publication

 

 

 

 

 

 

 




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