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Unpublished pending and abondoned applications are held in confidence while issued patents and published applications are available to the public (including reissues and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
MPEP 103
Unpublished, pending applications
What are ways to access unpublished pending applications
File a petition or request for access and a fee paid, published application incorporates the unpublished applications by reference or relied on for priority , A petition showing “Special Circumstances” when the owner is using the patent application to interfere with a competitor’s business
MPEP 115
Secrecy Order
MPEP 140
Foreign Filing Licenses
What is a foreign filing license for?
Foreign filing license is required before an application covering that invetion can be filed in another country
How can a foreign filing license be acquired
(1) Passage of six month in following the filling of any U.S Application,
(2) being granted specifically on the filing receipt,
(3) by the granting of a petition asking for one.
When is no foreing filing license required
The invention is made in another country
When can a foreign filing license be obtained retroactively
If the illegal foreign filing occured through error
What happens if a foreign filing license is not obtained and the US applications issues a patent
The patent is invalid unless a license is granted retroactively
MPEP 150
DOE and NASA Statements (Inventions relating to atomic energy must submit statement relating tot government contract)
