MPEP Chapter 100 Flashcards
MPEP Chapter 100: ________
Secrecy, Access, National Security, and Foreign Filing
General Rule of Access
Unpublished pending and abondoned applications are held in confidence while issued patents and published applications are available to the public (including reissues and reexaminations)
All published except
Provisional, design patents, request not to publish , and abandoned applications
37 CFR 1.138(c)
Interference File
Interference file
Occurs when 2 or more parties are claiming the same thing. PTO can ony issue one patent. Determines who first invented.
When is an interference file available to public
When it involves a patent, reissue, or a published application
When are the files available if an intefernce only includes an unpublihsed application and an issued patent
The inteference has been terminated or an award of priority has been made
MPEP 102
Status
What are the possible statuses
Pending, abandoned, published, and issued
When will the Patent Office provide the status of an application
(1)When the application is identified by the serial number and filing date in a published patent document or a US application open to the public inspection, or (2) when the application is in the national phase of an international PCT application in which the US has been indicated as a receiving state
What if the status request is based upon a patent document
A written request and a copy of the document must be provided (no fee) to obtain status
If the status of a continuation, CIP or DIV is disclosed, then the parent status
is disclosed
MPEP 104
Attorney and Applicant (Inventor and/or assignee)
Who can normally access any pending or abandoned file?
Each of the inventors, Any inventor who is named in an application which is filed without that inventor’s signature under Rule 1.46 or 1.45, an assignee (owner) of the entire interest or the assignee fo a partial interest or an exclusive licensee, the attorney or agent of record and any person given a written authorization from the attorney or agent of the record
What file type can exhibit enforceable rights outside the PTO for full access to the file
File Type: Reexamination, reissue, Patented, Published, Decided or terminated interference file with patent
