This page consolidates MPEP guidance interpreting 35 U.S.C. § 182, including 8 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Summary

This section covers the abandonment of an invention disclosed in a patent application without the Commissioner's consent, leading to forfeiture of claims against the US and requiring separate filings for expedited licenses.

What this section covers

• Defines the conditions under which an invention may be deemed abandoned due to unauthorized disclosure in a patent application.

Key obligations

• Establish that an invention disclosed in a patent application was made without the Commissioner's consent.
• Prove that the unauthorized disclosure violated a foreign filing license, if applicable.
• Adhere to provisions of 35 USC § 182 for maintaining compliance and avoiding potential abandonment.

Practice notes

• Ensure all disclosures are made with the Commissioner's consent to avoid potential abandonment.
• Maintain records of all disclosures and obtain necessary approvals to comply with the provisions of 35 USC § 182.

Related Provisions

• 35 U.S.C. § 181
• 37 CFR § 5.25
• 35 U.S.C. § 185
• 35 U.S.C. § 186

Based on MPEP Last Modified: 10/30/2024 08:50:22