Chapter 100 Flashcards

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1
Q

When do the applications get published?

A

Generally occurs 18 months from the applications effective filing date

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2
Q

What does Confidential Treatment mean?

A

It means that only individuals associated with the application can obtain information related to the pending application

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3
Q

What are some statuses of an application?

A
  1. whether the application is pending, abandoned, or patented
  2. whether the application has been published
  3. application number, serial number, or filing date of the application
  4. whether another application claims priority to this application
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4
Q

Who can obtain the status of an application?

A

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

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5
Q

With a written request and payment of fee, what is the public entitled to see?

A

The file wrapper of all published application including:

  1. the specification
  2. drawings
  3. all papers relating to the file of that published application
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6
Q

What is not available to the public?

A

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if an unpublished application is identified in the file content of another publicly available application, the requestor may file a petition for access to that application

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7
Q

What is Power to Inspect?

A

The power to make copies of the application

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8
Q

Who has the power to inspect?

A

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

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9
Q

How much power does the assignee have?

A

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

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10
Q

Regarding international applications, what can the public access?

A

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

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11
Q

During screening, what happens to applications found to be of subject matter that may impact national security?

A

It will be referred to appropriate agencies for consideration of restrictions on disclosure

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12
Q

During screening, what happens to applications found to be of subject matter that may jeopardize national security?

A

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

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13
Q

How long will Secrecy order remain in effect?

A

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

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14
Q

What happens to the application under Secrecy Order?

A

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

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15
Q

What happens to applications and other documents in the Patent Office marked with words, “Secret” or “Confidential”?

A

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

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16
Q

Will an application under Secrecy Order be examined?

A

Applications under secrecy order will still be examined for patentability but they may not be passed to issue and reviewed by the Board for interference purposes

17
Q

What should an applicant do if an application under secrecy order receives a final rejection?

A

The applicant must appeal to prevent abandonment

BUT

the appeal will NOT be set for hearing by the Board until the secrecy order is removed

18
Q

What is Foreign Filing License?

A

If national security is not implicated, then It allows an applicant to file a patent application covering the subject matter disclosed in the application with a foreign country

19
Q

What to do if the Patent Office does not issue the Foreign Filing License?

A

The applicant may file a petition under 37 CRF 5.12

OR

The applicant may wait 6 months after filing a patent application in the Patent Office, and at that time, license is no longer required

20
Q

What happens if an applicant violates and does NOT obtain a foreign filing license?

A

Then, the applicant will not receive a US patent on the invention disclosed in the application