MPEP Chapter 100: Secrecy, Access, National Security, Foreign Filing Flashcards
Access in General
-Unpublished pending/abandoned applications are held in confidence.
-Issued patents, publications, reissues, re-examinations, and interferences (involving an unpublished app vs an issued patent, where the interference is terminated or an award of priority is made) are available.
Statuses
Pending, Abandoned, Published, Issued
Providing Statuses
No fee
Status can be provided when:
-Access can be obtained
-Application is identified in a published patent doc (US or foreign) or a US app open to inspection
-Application is in national-stage of a published PCT, designated US
Parent app. status will be disclosed if a CON, CIP, DIV qualifies to have its status disclosed
Who can access pending/abandoned files?
-Inventors
-Assignees of entire/partial interest or exclusive license
-Attorney/agent of record
Access to Abandoned and Unpublished Applications
Written request + Fee and satisfy one of:
-Referred to in US patent/publication
-Referred to in US app open to inspection
-Referred to in PCT publication designating US
Access to Pending and Unpublished Applications
Request for Access + Fee:
-when patent relies upon the application for priority
-when app is incorporated in its entirety by reference into a patent/publication
Petition + Fee:
-must show “special circumstances” that owner is using patent application to interfere with competitors business
Assignment Records
Same rules apply to access as apply to the applications assigned
What applications never publish?
Design and Provisional Applications
Secrecy Orders
PTO can issue order to keep application secret due to national security
Foreign Filing Licenses
If invention made in US, FFL is required before an application covering the invention can be filed in another country
Not required if invention is made outside of US
3 Ways to Acquire a FFL
- Passage of 6 months following filing of any US application (including provisional)
- Being granted one specifically on the filing receipt
- Granting of a petition asking for one
Retroactive FFL
Can be obtained via a petition and fee if illegal foreign filing occurred through error (or else patent is invalid)
DOE and NASA Statements
Require a statement if invention was made under government contract
