MPEP 100 Flashcards
Secrecy Access National Security
Power to Inspect (MPEP 104)
Authority to grant access to a pending/abandoned
application only if file is available and contains written authority
Reissue
a publicly available document being fixed by owner
Access of Unpublished, pending, abandoned, issued and published apps
Unpublished, pending and abandoned apps are maintained in CONFIDENCE by USPTO
Issued Patents, public application, reissue files, and reexamination files that involve issued patents ARE public
Express Abandonment
37 CFR 1.138 (c)
requires petition
4 weeks remaining before publication
Interference File
only available to public if the interference involved a patent, a reissue, or a published applicaiton.
if unpublished app and issued interference are in question then the files will be available only if
(1) interference was terminated
(2) an award of priority has bee made
Interference Proceedings
(2) or more applications claiming the same thing
given to who invented it first. Now on basis of post AIA (first to file)
Status of any applicaiton
- when access can be obtained
- application is idenitfied by serial number and filing date in a published patent document (foriegn or us) or US app open to public
- application is in the national phase (PCT) where US is the receiving state
If status request upon a patent document, a written request is required.
PAIR
Patent Application Information Retrieval
check for status of a pending, published, abandoned, pr issued patent
Patent Cooperation Treaty (PCT)
International Application
Single Filing when published lists countries that are members of World Trade Organization (WTO)
Attorney and Applicant (Inventor and/or Assignee) Access
Access to any pending or abandoned file
- each of the inventors even if they have assigned their interest (unless assignee said no)
- Any inventor named in application which is filed without that inventors signature (Rule 1.46 or 1.45)
- Assignee entire interest or a assignee of a partial interest or exclusive licensee (NOT non exclusive)
- Attorney or agent of record and any person given written authority
NOTE: power to inspect given by the attorney, assignee, or inventor continues indefinitely unless limited in time
petition for access granted by USPTO is limited to time as it is granted bc the circumstances warranting access may change
American Invents Act (AIA)
owner can file an application as an applicant if inventors could not be found or refuse to cooperate.
Abandoned Unpublished Applications
Only need a written request
Exceptions
1. Referred in a US patent or published app
- referred to in a U.S application open to public inspection
- Referred to in a PCT published application which designates the US
NOTE: applicant does not need to notified
Unpublished Pending Applications
can be viewed in special circumstances
if you have a document that is available (issued/published) and relies or references on it for priority you can access it. It is a PUBLIC Doc
Published Pending Application
must file a petition or request
must pay a fee
Request/Petition for Access
When a patent relies upon the application for priority
when the application is incorporated in its entirely by referenced into a patent or published application
Secrecy Orders
inventors and applications can be kept secret here the disclosure or publication would be contrary to national interest.
will never be a patent until secrecy is terminated
Applied to original application AND any continuation divisional and subsequent applications which discloses a signature part of the application subject to the order
37 CFR 5.2
Foreign Filing Licenses
If the invention made in the US foreign filing is REQUIRED before an application covering the invention can be filed in another country
make sure to note of any fact patterns which includes plants to or the act of filing a patent application in a foreign country
How to Acquire Foreign Filing
a. passage of 6 months following the filing of any US application (including Provisional)
b. being granted specifically on the filing receipt. also indicates when the license will be effective
c. grating of a petition asking for one
Retroactive
must be an honest mistake
license can be granted from a date in the past, even after issuing an applications ONLY if an illegal filing occurred by ERROR
