Module 1. CH 100, Secrecy, Access, National Security and Foreign Filling Flashcards
How long are patent applications normally preserved in confidence?
Until application is PUBLISHED or 18 months after effective filling date
When may information concerning a patent application by available to the public? (Concerning status of application)
If patent application is identified in a published patent document
Right of public to inspect patent files + application files
- 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- File contents of UNPUBLISHED, ABANDONED application if it is identified in a US patent doc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.
Power to inspect application
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.
Review of applications for national security and property rights issues
ALL applications filed in the US patent and trademark office(USPTO) are reviewed for the purpose of issuance of a foreign filing license.
How Many secrecy orders are there?
3 types of secrecy orders may be issued
Secret order modification or rescission
applicants may PETITION for rescission or modification of secrecy order
How long does a secrecy order remain in effect ?
1 year from date of issuance
- Examination of Secrecy Order Cases
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
Foreign Filling Licenses
In the Interest of national security the US Gov. imposed restrictions on the export of technical information
How many ways to obtain permission to file abroad?
2
- Petition for a foreign filing license may be granted
- 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
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??
Examiner shall refer the application to the licensing and review section of tech center (TC)working group 3640 , calling attention to foreign app.
35 U.S.C 122
[101 GENERAL]
Confidential status of applications; publications of patent applications
Defines confidentiality, publication, exceptions, etc..
Which code : Concealment, removal, or mutilation generally
18 U.S.C 2071
[101 GENERAL]
fines under this title and imprisoned (no more than 3 years), or both
Code:
Files open to the public
37 CFR 1.11
[101 GENERAL]
Code:
Patent application preserved in confidence
37 CFR 1.14
[101 GENERAL]
- Patented applications and statutory invention registrations
- Published and unpublished abandoned applications
- Published and unpublished pending applications
IFW
Image File Wrapper (application)
must be charged in the PALM system promptly.
101 General - 001
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
101 General - 002
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
101 General - 003
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.
102 Information as to Status of an Application
37 CFR 1.14
103 Right of the public to inspect patent files and some applications files
37 CFR 1.11
37 CFR 1.14(a)
IFW
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
