MPEP 100 Flashcards
When is a patent application published?
Each application for a patent shall be published after the expiration of a period of 18 months from the earliest filing date.
35 USC 122
Summarize 35 USC 122
applications for patents shall be kept in confidence 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 the provisions of an Act of Congress
Which patent applications are not published?
An application shall not be published if that application is—
(i) no longer pending;
(ii) subject to a secrecy order;
(iii) a provisional application; or
(iv) an application for a design patent
35 USC 122 (A)(2)
Which files are open to the public?
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, and copies may be obtained upon the payment of the fee.
37 CFR 1.11
Which unpublished applications are available to the public?
Unpublished abandoned applications (including provisional applications) that are identified or relied upon. 37 CFR 1.14 (a)(1)(iv)
Unpublished pending applications (including provisional applications) whose benefit is claimed. 37 CFR 1.14 (a)(1)(v)
Unpublished pending applications (including provisional applications) that are incorporated by reference or otherwise identified. 37 CFR 1.14 (a)(1)(vi)
For applications filed on or after September 16, 2012, who can provide a written authority for access to a pending or abandoned application kept in confidence under 35 U.S.C. 122(a)
For applications filed on or after September 16, 2012,
- the applicant,
- a patent practitioner of record,
- the assignee or an assignee of an undivided part -interest, or
- an inventor
may provide a written authority for access to a pending or abandoned application kept in confidence under 35 U.S.C. 122(a)
Who can apply for a patent?
The inventor. 35 USC 111(a)
If an inventor is deceased or under legal incapacity, the legal representative of the inventor. 37 CFR 1.43
Joint inventors must apply for a patent jointly, and each must make an inventor’s oath or declaration. If a joint inventor refuses to join in an application for patent or cannot be found or reached after diligent effort, the other joint inventor or inventors may make the application for patent on behalf of themselves and the omitted inventor.
37 CFR 1.45
A person to whom the inventor has assigned or is under an obligation to assign the invention. 37 CFR 1.46
A person who otherwise shows sufficient proprietary interest in the matter. 37 CFR 1.46
Who can prevent an inventor from accessing a patent application?
The applicant or assignee of record of the entire interest in an application
MPEP 106
When will a patent application under national security review be published?
Six months from its filing date or three months from the date the application was referred to a defense agency, whichever is later. 37 CFR 5.1 (e)
How long does a secrecy order remain in effect?
1 year from its date of issuance
What are the two ways to get permission file a patent abroad?
either a petition for a foreign filing license may be granted or an applicant may wait 6 months after filing an application in the USPTO
MPEP 140
What automatically includes a petition for a foreign filing license?
Filing of an application on an invention made in the United States will be considered to include a petition for license under 35 U.S.C. 184 for the subject matter of the application. The filing receipt or other official notice will indicate if a license is granted.
37 CFR 5.12
How can one rectify a foreign filing error?
A petition for a retroactive filing license may be filed under 37 CFR 5.25 if an unlicensed foreign filing has occurred through error.
MPEP 140 II
