Module 1. CH 100, Secrecy, Access, National Security and Foreign Filling

Question 1

How long are patent applications normally preserved in confidence?

Answer 1

Until application is PUBLISHED or 18 months after effective filling date

Question 2

When may information concerning a patent application by available to the public? (Concerning status of application)

Answer 2

If patent application is identified in a published patent document

Question 3

Right of public to inspect patent files + application files

Answer 3

• If IFW file has been created for a patented app, published app, or app which claims domestic benefit, if the IFW file is accessible thru public pair
• If application has been published, then a copy of all papers relating..(abandoned or pending) may be provided to any person upon request and fee.
• File contents of UNPUBLISHED, ABANDONED application if it is identified in a US patent doc
• Any interested party may file a petition + fee to director for access to application
• Whenever a patent relies on the filing date of an earlier but still pending application, the office permits an applicant to obtain a copy of their prior app.

Question 4

Power to inspect application

Answer 4

For applications filed on or after SEP 16, 2022, the applicant, patent practitioner of record, assignee or assignee of an undivided part interest, or an inventor may provide a written authority for access to pending or abandoned application kept in confidence.

Question 5

Review of applications for national security and property rights issues

Answer 5

ALL applications filed in the US patent and trademark office(USPTO) are reviewed for the purpose of issuance of a foreign filing license.

Question 6

How Many secrecy orders are there?

Answer 6

3 types of secrecy orders may be issued

Question 7

Secret order modification or rescission

Answer 7

applicants may PETITION for rescission or modification of secrecy order

Question 8

How long does a secrecy order remain in effect ?

Answer 8

1 year from date of issuance

Question 9

130. Examination of Secrecy Order Cases

Answer 9

in case of final rejection, (action must be properly replied to) and an appeal, if filed, must be completed by the applicant to prevent abandonment, such appeal will not be set for hearing by the patent trial and appeal board until secrecy order is removed

Question 10

Foreign Filling Licenses

Answer 10

In the Interest of national security the US Gov. imposed restrictions on the export of technical information

Question 11

How many ways to obtain permission to file abroad?

Answer 11

2

1. Petition for a foreign filing license may be granted
2. Applicant may wait 6 months after filing an app in the USPTO at which time a license on that subject matter is no longer required as long as no secrecy order has been imposed

Question 12

What happens if the examiner finds the existence of a corresponding foreign app. which appears to have been filed before the US application for 6 months. and invention was made in the US??

Answer 12

Examiner shall refer the application to the licensing and review section of tech center (TC)working group 3640 , calling attention to foreign app.

Question 13

35 U.S.C 122

[101 GENERAL]

Answer 13

Confidential status of applications; publications of patent applications

Defines confidentiality, publication, exceptions, etc..

Question 14

Which code : Concealment, removal, or mutilation generally

Answer 14

18 U.S.C 2071

[101 GENERAL]

fines under this title and imprisoned (no more than 3 years), or both

Question 15

Code:

Files open to the public

Answer 15

37 CFR 1.11

[101 GENERAL]

Question 16

Code:

Patent application preserved in confidence

Answer 16

37 CFR 1.14

[101 GENERAL]

• Patented applications and statutory invention registrations
• Published and unpublished abandoned applications
• Published and unpublished pending applications

Question 17

IFW

Answer 17

Image File Wrapper (application)

must be charged in the PALM system promptly.

Question 18

101 General - 001

Answer 18

applications shall be kept confidential by the patent and trademark office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out provisions act of congress to other special circumstances determined by director

Question 19

101 General - 002

Answer 19

The specification, drawings, and all papers relating to the file of a published application, a patent, or a statutory invention registration…. are open to inspection by the public. Copies obtained by fee

Question 20

101 General - 003

Answer 20

No information concerning pending or abandoned applications (except apps which have have been published, reissue applications and reexamination proceedings) may be given to the public without appropriate written authorization.

Question 21

102 Information as to Status of an Application

Answer 21

37 CFR 1.14

Question 22

103 Right of the public to inspect patent files and some applications files

Answer 22

37 CFR 1.11
37 CFR 1.14(a)

Question 23

IFW

Answer 23

Image file wrapper system uses image technology to replace the paper processing of patent applications in the office(001)

If an IFW has been created…the file is accessible through public PAIR