Chapter 100 Flashcards
When do the applications get published?
Generally occurs 18 months from the applications effective filing date
What does Confidential Treatment mean?
It means that only individuals associated with the application can obtain information related to the pending application
What are some statuses of an application?
- whether the application is pending, abandoned, or patented
- whether the application has been published
- application number, serial number, or filing date of the application
- whether another application claims priority to this application
Who can obtain the status of an application?
inventor
attorney or agent or record in the application
assignee of record in the application
a person with written authority from any of above
the requester if the application is referenced in another application that is not subject to confidentiality
With a written request and payment of fee, what is the public entitled to see?
The file wrapper of all published application including:
- the specification
- drawings
- all papers relating to the file of that published application
What is not available to the public?
Applications that were not published or patented, or that are not the subject of a benefit claim to an application that has been published
BUT
if an unpublished application is identified in the file content of another publicly available application, the requestor may file a petition for access to that application
What is Power to Inspect?
The power to make copies of the application
Who has the power to inspect?
applicant/ joint applicants
attorney or agent of record (if power of attorney has been filed)
an assignee whose assignment is of record
a person acting in representative capacity (without power of attorney) if named in the application transmittal papers
NOT suspended or excluded attorney or agent unless applicant himself is the attorney/agent
How much power does the assignee have?
Assignee of record of the entire interest in an application may intervene in the prosecution of the application
Assignee can make a special request denying the applicant/inventor access, power of inspection. However, this is terminated upon publication of application
Regarding international applications, what can the public access?
the complete application file wrapper (specification, drawing, any related documents)
the international application files which are kept with the Patent Office
copies of the English language translations of the international applications published in a non-English language which designates US
During screening, what happens to applications found to be of subject matter that may impact national security?
It will be referred to appropriate agencies for consideration of restrictions on disclosure
During screening, what happens to applications found to be of subject matter that may jeopardize national security?
It will be referred to appropriate agencies, which then may request the Commissional for Patents to issue a Secrecy Order protecting the secrecy of the subject matter disclosed in the application
How long will Secrecy order remain in effect?
1 year from the date of issuance
It may be renewed for additional period of not more than 1 year from upon notice by a government agency
What happens to the application under Secrecy Order?
It will NOT be published 18 months after the effective filing date. It will only be published when the secrecy order has expired or removed
What happens to applications and other documents in the Patent Office marked with words, “Secret” or “Confidential”?
It will be referred to appropriate Technology Center (TC) Working Group for clarification or security treatment
It will not be put on public records until all security markings have been considered and declassified or otherwise explained
