Chapter 100 Flashcards
MPEP chapter 100 is on
Secrecy, Access, National Security and Foreign Filling
What class of patent applications are maintained in confidence by the Patent office?
Unpublished and Abandoned patent applications
Whats another name for interference file?
Priority contest
If an interference only includes an unpublished application which has not yet issued as a patent, and it is pitted against an issued patent, the files are made available if-
1) If the interference has been terminated
2) An award of priority has been made.
The patent office will provide the status (pending, abandoned, published or issued) of any application when-
1) Access can be obtained
2) When the application is identified by serial number and filing date in a published patent document (foreign or US) or a US application open to public inspection.
3) When the application is in the national phase of an international (PCT) application in which the US has been indicated as a receiving state.
A reissue of US patent 9567976 was filed last year. Recently a company filed a reexamination. Is the issued patent file publicly accesible?
Yes. Any member of the public can obtain the file, there is no fee except for the cost of printing (if you get from the machines in the patent office). The status of both reissue and reexamination will be disclosed by the Patent Office.
A PCT application was filed through the Japanese Patent Office indicating the EU Patent Office and Korea as Designated States. Can the status of the application be disclosed to the public.
No. The US is not named as a designated state/receiving state. Status will not be accessible.
Generally, who has access to an abandoned or pending patent file?
Any of the inventors (even if they have assigned their interest), an assignee, an exclusive licensee, and the attorney or agent of record.
And inventor has assigned their interest to a patent to an assignee, does this inventor still have access to his/her pending patent file?
Yes. Unless the assignee has asked the patent office (in writing) to bar the inventor.
How do you access an unpublished abandoned patent application which satisfies an exception?
You need a written request. A copy will be provided without notice to the applicant.
What are the exceptions that allows one to request access to an abandoned unpublished patent application?
Referred to in-
1) A US patent or published application.
2) U.S application open to public inspection.
3) Referred to in a PCT published application which designates the US.
How do you access and/or copy an unpublished pending patent application?
In general a petition or request for access must be filed, and a fee paid.
What sort of petition is required to view an unpublished pending patent application when the owner is using the patent application to interfere with the competitors business?
A petition showing ‘special circumstances’. The petition must be served upon the applicant or owner, or, an extra copy of the petition needs to be supplied to the patent office to serve. The purpose of this is to allow the applicant to protest that access should be limited to less than the entirety of the file. Unless an objection is raised, the requestor is allowed access to the entire file.
What are the circumstances that let one gain access to an unpublished pending patent application? And how does it work ?
A petition is needed if the owner is using the patent application to interfere with a competitors business.
Other than that
You gain access via a request if-
1) A patent relies on the application for priority.
2) When the application is incorporated in its entirety by a reference into a patent or published application.
If the patent is incorporated only in part, only that specific part may be gained access to, via notice or service (a fee needs to be paid).
What is a secrecy order?
A Patent Office can issue an order tonoeep inventions and applications secret where disclosure or publication would be contrary to the national interest. This is called a secrecy order
