MPEP Chapter 100

Question 1

MPEP Chapter 100: ________

Answer 1

Secrecy, Access, National Security, and Foreign Filing

Question 2

General Rule of Access

Answer 2

Unpublished pending and abondoned applications are held in confidence while issued patents and published applications are available to the public (including reissues and reexaminations)

Question 3

All published except

Answer 3

Provisional, design patents, request not to publish , and abandoned applications

Question 4

37 CFR 1.138(c)

Answer 4

Interference File

Question 5

Interference file

Answer 5

Occurs when 2 or more parties are claiming the same thing. PTO can ony issue one patent. Determines who first invented.

Question 6

When is an interference file available to public

Answer 6

When it involves a patent, reissue, or a published application

Question 7

When are the files available if an intefernce only includes an unpublihsed application and an issued patent

Answer 7

The inteference has been terminated or an award of priority has been made

Question 8

MPEP 102

Answer 8

Status

Question 9

What are the possible statuses

Answer 9

Pending, abandoned, published, and issued

Question 10

When will the Patent Office provide the status of an application

Answer 10

(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

Question 11

What if the status request is based upon a patent document

Answer 11

A written request and a copy of the document must be provided (no fee) to obtain status

Question 12

If the status of a continuation, CIP or DIV is disclosed, then the parent status

Answer 12

is disclosed

Question 13

MPEP 104

Answer 13

Attorney and Applicant (Inventor and/or assignee)

Question 14

Who can normally access any pending or abandoned file?

Answer 14

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

Question 15

What file type can exhibit enforceable rights outside the PTO for full access to the file

Answer 15

File Type: Reexamination, reissue, Patented, Published, Decided or terminated interference file with patent

Question 16

MPEP 103

Answer 16

Unpublished, pending applications

Question 17

What are ways to access unpublished pending applications

Answer 17

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

Question 18

MPEP 115

Answer 18

Secrecy Order

Question 19

MPEP 140

Answer 19

Foreign Filing Licenses

Question 20

What is a foreign filing license for?

Answer 20

Foreign filing license is required before an application covering that invetion can be filed in another country

Question 21

How can a foreign filing license be acquired

Answer 21

(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.

Question 22

When is no foreing filing license required

Answer 22

The invention is made in another country

Question 23

When can a foreign filing license be obtained retroactively

Answer 23

If the illegal foreign filing occured through error

Question 24

What happens if a foreign filing license is not obtained and the US applications issues a patent

Answer 24

The patent is invalid unless a license is granted retroactively

Question 25

MPEP 150

Answer 25

DOE and NASA Statements (Inventions relating to atomic energy must submit statement relating tot government contract)