Patent Law FAQ

Patent applications are generally published 18 months after the earliest filing date, with some exceptions. According to 35 U.S.C. 122(b)(1)(A):

“Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period.”

Exceptions to publication include applications that are no longer pending, subject to a secrecy order, provisional applications, or design patent applications.

Patent applications are generally published by the USPTO 18 months after the earliest filing date for which a benefit is sought. This is specified in 35 U.S.C. 122(b)(1)(A):

Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period.

There are some exceptions to this rule, such as applications that are no longer pending or are subject to a secrecy order. Applicants can also request early publication or non-publication under certain conditions.

The Manual of Patent Examining Procedure (MPEP) serves as a comprehensive guide for patent examiners, applicants, attorneys, and agents involved in the patent application process. According to MPEP 101, its purpose is to:

• Provide instructions to examiners for the examination of patent applications
• Outline procedures for processing and examining patent applications
• Serve as a reference work on patent laws, rules, and examination practices

The MPEP states: The Manual contains instructions to examiners, as well as other material in the nature of information and interpretation, and outlines the current procedures which the examiners are required or authorized to follow in appropriate cases in the normal examination of a patent application.

For more information on patent examination, visit: patent examination.

For more information on USPTO Guidelines, visit: USPTO Guidelines.

The Manual of Patent Examining Procedure (MPEP) holds a unique legal status in patent law. According to MPEP 101:

The Manual does not have the force of law or the force of the rules in Title 37 of the Code of Federal Regulations.

This means:

• The MPEP is not legally binding like statutes or regulations
• It serves as an interpretive guide for patent examiners and practitioners
• Courts may give it deference but are not bound by its contents

However, the MPEP is highly influential because it:

• Reflects official USPTO policies and procedures
• Is used by examiners in their day-to-day work
• Provides valuable guidance for patent applicants and attorneys

While not law, the MPEP is an essential resource for understanding and navigating the patent examination process.

For more information on patent law, visit: patent law.

For more information on USPTO Guidelines, visit: USPTO Guidelines.

Patent applications are generally kept confidential by the USPTO until they are published or granted. As stated in 35 U.S.C. 122(a):

“Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of an Act of Congress or in such special circumstances as may be determined by the Director.”

This confidentiality requirement applies to all USPTO employees handling patent applications.

The USPTO has strict rules about what information can be disclosed regarding unpublished patent applications. According to 37 CFR 1.14(a)(2), only limited status information may be communicated to the public if the application is identified in a published patent document or in another application. This status information includes:

• Whether the application is pending, abandoned, or patented
• Whether the application has been published under 35 U.S.C. 122(b)
• The application’s numerical identifier (application number or serial number plus filing date)
• Whether another application claims benefit of the application, and if so, the numerical identifier, relationship, status, and publication status of that application

No other information about unpublished applications can be disclosed without proper authorization.

The USPTO can disclose limited information about patent applications to the public, as outlined in 37 CFR 1.14(a)(2):

• Whether the application is pending, abandoned, or patented
• Whether the application has been published
• The application’s numerical identifier
• Whether another application claims benefit of the application

This information can only be disclosed if the application is identified in a published patent document or in another application as specified in 37 CFR 1.14(a)(1)(i) through (a)(1)(vi).

MPEP 101 specifies the following procedure that should be followed before giving any information about an unpublished pending or abandoned patent application over the telephone:

1. Obtain the caller’s full name, the application number, and the caller’s telephone number. Ask if there is an attorney or agent of record.
2. Verify the identity of the caller and their authority to receive information.
3. For a practitioner of record, check their registration number in Patent Data Portal. Only call back a practitioner at the number listed in Patent Data Portal.
4. For an inventor, applicant, or assignee, check the correspondence address in Patent Data Portal and call back at the number provided if it matches.
5. If identity and authority cannot be verified, inform the caller that no information can be provided.

35 U.S.C. 122 and 18 U.S.C. 2071 impose statutory requirements which cover the handling of patent applications and related documents. As explained in MPEP 101:

“35 U.S.C. 122 and 18 U.S.C. 2071 impose statutory requirements which cover the handling of patent applications and related documents. Suspension, removal, and even criminal penalties may be imposed for violations of these statutes.”

Therefore, USPTO employees must take proper care to maintain the confidentiality of applications and related papers.

Unauthorized disclosure of patent application information can result in severe penalties for USPTO employees. According to the MPEP:

“Suspension, removal, and even criminal penalties may be imposed for violations of these statutes.”

The relevant statutes include 35 U.S.C. 122 and 18 U.S.C. 2071. Additionally, 18 U.S.C. 2071 states that individuals who willfully and unlawfully conceal, remove, mutilate, or destroy official documents may be:

• Fined under this title
• Imprisoned for up to three years
• Disqualified from holding any office under the United States

These penalties underscore the critical importance of maintaining confidentiality in patent application handling.

There are several exceptions to the 18-month publication rule for patent applications, as outlined in 35 U.S.C. 122(b)(2)(A). An application shall not be published if it is:

• No longer pending
• Subject to a secrecy order under section 181
• A provisional application filed under section 111(b)
• An application for a design patent filed under chapter 16

Additionally, an applicant can request non-publication if they certify that the invention has not and will not be the subject of an application filed in another country that requires publication after 18 months. However, if the applicant later files such a foreign application, they must notify the USPTO within 45 days or the U.S. application will be considered abandoned.

MPEP 101 explains that USPTO employees must take specific measures to ensure the confidentiality of patent applications:

• No part of any application or related paper should be reproduced or copied except for official purposes.
• Application files must not be displayed or handled in a manner that would allow unauthorized persons to inspect them.
• For non-electronic files removed from their storage area, a charge must be promptly made in the tracking system.
• Physical files must be stored properly, not in unsecured locations like desk drawers.
• Interoffice mail related to applications must be sent in appropriate envelopes.

The Manual of Patent Examining Procedure (MPEP) is regularly updated to reflect changes in patent laws, rules, and procedures. According to MPEP 101:

The Manual is updated periodically to include changes in patent laws and rules and also changes in Patent and Trademark Office procedures.

While the MPEP doesn’t specify an exact frequency for updates, they typically occur:

• Multiple times per year to incorporate new policies and procedures
• After significant changes in patent laws or regulations
• When court decisions impact patent examination practices

Users should always refer to the most recent version of the MPEP available on the USPTO website for the most up-to-date information.

For more information on MPEP updates, visit: MPEP updates.

For more information on patent law changes, visit: patent law changes.

For more information on USPTO procedures, visit: USPTO procedures.

The USPTO follows a strict procedure for handling telephone and in-person requests for information about unpublished pending or abandoned patent applications:

1. Obtain the caller’s full name, application number, and telephone number
2. Verify the caller’s identity and authority to receive information
3. Check Patent Data Portal or the application file to verify releasable information
4. Return the call using a verified telephone number

Information is only released to authorized individuals, such as the patent practitioner of record, inventor, applicant, or authorized representative of the assignee of record.

USPTO employees are legally obligated to maintain the confidentiality of pending patent applications. According to MPEP 101:

All U.S. Patent and Trademark Office employees are legally obligated to preserve pending applications for patents in confidence until they are published or patented in accordance with 35 U.S.C. 122 and 37 CFR 1.14.

This includes several practices:

• Not reproducing or copying application documents except for official purposes
• Properly handling and storing application files
• Using appropriate envelopes for interoffice mail
• Being careful during interviews to prevent exposure of other applicants’ files

Violations of these confidentiality requirements can result in suspension, removal, and even criminal penalties.

For more information on USPTO employees, visit: USPTO employees.

USPTO employees are legally obligated to maintain the confidentiality of pending patent applications. The MPEP states:

“All U.S. Patent and Trademark Office employees are legally obligated to preserve pending applications for patents in confidence until they are published or patented in accordance with 35 U.S.C. 122 and 37 CFR 1.14.”

Employees must follow strict procedures to ensure confidentiality, including:

• Not reproducing or copying application documents except for official purposes
• Properly handling and storing application files
• Using appropriate envelopes for interoffice mail
• Being cautious during interviews to prevent exposure of other applications

Violations of these procedures can result in suspension, removal, or even criminal penalties.

Requesting information about an unpublished patent application requires specific procedures to ensure confidentiality. According to the MPEP:

• Requests can be made by phone or in person
• The requester’s identity and right to information must be verified
• Only certain individuals (applicant, inventor, assignee of record, or attorney/agent of record) may receive detailed information
• USPTO employees must follow a strict verification process before releasing any information

The MPEP states:

“Except as provided in 35 U.S.C. 122(b), no information concerning pending or abandoned patent applications (except applications which have been published, reissue applications and reexamination proceedings) may be given to the public without appropriate written authorization.”

This ensures that confidential application information is only released to authorized individuals.

For more information on information requests, visit: information requests.

For more information on unpublished applications, visit: unpublished applications.

Access to information about unpublished patent applications is generally restricted. However, according to MPEP 101, there are specific circumstances under which such information may be accessed:

1. If you are the applicant, an inventor, the assignee of record, or the attorney or agent of record, you may be able to access information about the application.
2. If the application is identified in a published patent document or in another application as specified in 37 CFR 1.14(a)(1)(i) through (a)(1)(vi), certain status information may be available to the public.
3. In some cases, a petition for access or a power to inspect may be required to access information about an unpublished application.

It’s important to note that the USPTO has strict procedures for verifying the identity and authority of individuals requesting information about unpublished applications to maintain confidentiality.

For more information on unpublished applications, visit: unpublished applications.

For more information on USPTO procedures, visit: USPTO procedures.

According to MPEP 101, particular care must be taken when a caller requests the publication date or issue date assigned to a pending patent application:

“If the publication or issue date is later than the current date (i.e., the date of the request), such information may be given only to the applicant, an inventor, the assignee of record, or the attorney or agent of record.”

The identity and authority of the caller must be verified according to the procedures outlined in the MPEP before this information can be provided over the telephone.

MPEP 101 specifies the following procedure that should be followed before giving any information about an unpublished pending or abandoned patent application over the telephone:

1. Obtain the caller’s full name, the application number, and the caller’s telephone number. Ask if there is an attorney or agent of record.
2. Verify the identity of the caller and their authority to receive information.
3. For a practitioner of record, check their registration number in Patent Data Portal. Only call back a practitioner at the number listed in Patent Data Portal.
4. For an inventor, applicant, or assignee, check the correspondence address in Patent Data Portal and call back at the number provided if it matches.
5. If identity and authority cannot be verified, inform the caller that no information can be provided.

MPEP 101 explains that USPTO employees must take specific measures to ensure the confidentiality of patent applications:

• No part of any application or related paper should be reproduced or copied except for official purposes.
• Application files must not be displayed or handled in a manner that would allow unauthorized persons to inspect them.
• For non-electronic files removed from their storage area, a charge must be promptly made in the tracking system.
• Physical files must be stored properly, not in unsecured locations like desk drawers.
• Interoffice mail related to applications must be sent in appropriate envelopes.

According to MPEP 101, particular care must be taken when a caller requests the publication date or issue date assigned to a pending patent application:

“If the publication or issue date is later than the current date (i.e., the date of the request), such information may be given only to the applicant, an inventor, the assignee of record, or the attorney or agent of record.”

The identity and authority of the caller must be verified according to the procedures outlined in the MPEP before this information can be provided over the telephone.

Patent applications are generally published 18 months after the earliest filing date, with some exceptions. According to 35 U.S.C. 122(b)(1)(A):

“Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period.”

Exceptions to publication include applications that are no longer pending, subject to a secrecy order, provisional applications, or design patent applications.

Patent applications are generally published by the USPTO 18 months after the earliest filing date for which a benefit is sought. This is specified in 35 U.S.C. 122(b)(1)(A):

Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period.

There are some exceptions to this rule, such as applications that are no longer pending or are subject to a secrecy order. Applicants can also request early publication or non-publication under certain conditions.

The Manual of Patent Examining Procedure (MPEP) serves as a comprehensive guide for patent examiners, applicants, attorneys, and agents involved in the patent application process. According to MPEP 101, its purpose is to:

• Provide instructions to examiners for the examination of patent applications
• Outline procedures for processing and examining patent applications
• Serve as a reference work on patent laws, rules, and examination practices

The MPEP states: The Manual contains instructions to examiners, as well as other material in the nature of information and interpretation, and outlines the current procedures which the examiners are required or authorized to follow in appropriate cases in the normal examination of a patent application.

For more information on patent examination, visit: patent examination.

For more information on USPTO Guidelines, visit: USPTO Guidelines.

The Manual of Patent Examining Procedure (MPEP) holds a unique legal status in patent law. According to MPEP 101:

The Manual does not have the force of law or the force of the rules in Title 37 of the Code of Federal Regulations.

This means:

• The MPEP is not legally binding like statutes or regulations
• It serves as an interpretive guide for patent examiners and practitioners
• Courts may give it deference but are not bound by its contents

However, the MPEP is highly influential because it:

• Reflects official USPTO policies and procedures
• Is used by examiners in their day-to-day work
• Provides valuable guidance for patent applicants and attorneys

While not law, the MPEP is an essential resource for understanding and navigating the patent examination process.

For more information on patent law, visit: patent law.

For more information on USPTO Guidelines, visit: USPTO Guidelines.

Patent applications are generally kept confidential by the USPTO until they are published or granted. As stated in 35 U.S.C. 122(a):

“Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of an Act of Congress or in such special circumstances as may be determined by the Director.”

This confidentiality requirement applies to all USPTO employees handling patent applications.

The USPTO has strict rules about what information can be disclosed regarding unpublished patent applications. According to 37 CFR 1.14(a)(2), only limited status information may be communicated to the public if the application is identified in a published patent document or in another application. This status information includes:

• Whether the application is pending, abandoned, or patented
• Whether the application has been published under 35 U.S.C. 122(b)
• The application’s numerical identifier (application number or serial number plus filing date)
• Whether another application claims benefit of the application, and if so, the numerical identifier, relationship, status, and publication status of that application

No other information about unpublished applications can be disclosed without proper authorization.

The USPTO can disclose limited information about patent applications to the public, as outlined in 37 CFR 1.14(a)(2):

• Whether the application is pending, abandoned, or patented
• Whether the application has been published
• The application’s numerical identifier
• Whether another application claims benefit of the application

This information can only be disclosed if the application is identified in a published patent document or in another application as specified in 37 CFR 1.14(a)(1)(i) through (a)(1)(vi).

35 U.S.C. 122 and 18 U.S.C. 2071 impose statutory requirements which cover the handling of patent applications and related documents. As explained in MPEP 101:

“35 U.S.C. 122 and 18 U.S.C. 2071 impose statutory requirements which cover the handling of patent applications and related documents. Suspension, removal, and even criminal penalties may be imposed for violations of these statutes.”

Therefore, USPTO employees must take proper care to maintain the confidentiality of applications and related papers.

Unauthorized disclosure of patent application information can result in severe penalties for USPTO employees. According to the MPEP:

“Suspension, removal, and even criminal penalties may be imposed for violations of these statutes.”

The relevant statutes include 35 U.S.C. 122 and 18 U.S.C. 2071. Additionally, 18 U.S.C. 2071 states that individuals who willfully and unlawfully conceal, remove, mutilate, or destroy official documents may be:

• Fined under this title
• Imprisoned for up to three years
• Disqualified from holding any office under the United States

These penalties underscore the critical importance of maintaining confidentiality in patent application handling.

There are several exceptions to the 18-month publication rule for patent applications, as outlined in 35 U.S.C. 122(b)(2)(A). An application shall not be published if it is:

• No longer pending
• Subject to a secrecy order under section 181
• A provisional application filed under section 111(b)
• An application for a design patent filed under chapter 16

Additionally, an applicant can request non-publication if they certify that the invention has not and will not be the subject of an application filed in another country that requires publication after 18 months. However, if the applicant later files such a foreign application, they must notify the USPTO within 45 days or the U.S. application will be considered abandoned.

The Manual of Patent Examining Procedure (MPEP) is regularly updated to reflect changes in patent laws, rules, and procedures. According to MPEP 101:

The Manual is updated periodically to include changes in patent laws and rules and also changes in Patent and Trademark Office procedures.

While the MPEP doesn’t specify an exact frequency for updates, they typically occur:

• Multiple times per year to incorporate new policies and procedures
• After significant changes in patent laws or regulations
• When court decisions impact patent examination practices

Users should always refer to the most recent version of the MPEP available on the USPTO website for the most up-to-date information.

For more information on MPEP updates, visit: MPEP updates.

For more information on patent law changes, visit: patent law changes.

For more information on USPTO procedures, visit: USPTO procedures.

The USPTO follows a strict procedure for handling telephone and in-person requests for information about unpublished pending or abandoned patent applications:

1. Obtain the caller’s full name, application number, and telephone number
2. Verify the caller’s identity and authority to receive information
3. Check Patent Data Portal or the application file to verify releasable information
4. Return the call using a verified telephone number

Information is only released to authorized individuals, such as the patent practitioner of record, inventor, applicant, or authorized representative of the assignee of record.

USPTO employees are legally obligated to maintain the confidentiality of pending patent applications. According to MPEP 101:

All U.S. Patent and Trademark Office employees are legally obligated to preserve pending applications for patents in confidence until they are published or patented in accordance with 35 U.S.C. 122 and 37 CFR 1.14.

This includes several practices:

• Not reproducing or copying application documents except for official purposes
• Properly handling and storing application files
• Using appropriate envelopes for interoffice mail
• Being careful during interviews to prevent exposure of other applicants’ files

Violations of these confidentiality requirements can result in suspension, removal, and even criminal penalties.

For more information on USPTO employees, visit: USPTO employees.

USPTO employees are legally obligated to maintain the confidentiality of pending patent applications. The MPEP states:

“All U.S. Patent and Trademark Office employees are legally obligated to preserve pending applications for patents in confidence until they are published or patented in accordance with 35 U.S.C. 122 and 37 CFR 1.14.”

Employees must follow strict procedures to ensure confidentiality, including:

• Not reproducing or copying application documents except for official purposes
• Properly handling and storing application files
• Using appropriate envelopes for interoffice mail
• Being cautious during interviews to prevent exposure of other applications

Violations of these procedures can result in suspension, removal, or even criminal penalties.

Requesting information about an unpublished patent application requires specific procedures to ensure confidentiality. According to the MPEP:

• Requests can be made by phone or in person
• The requester’s identity and right to information must be verified
• Only certain individuals (applicant, inventor, assignee of record, or attorney/agent of record) may receive detailed information
• USPTO employees must follow a strict verification process before releasing any information

The MPEP states:

“Except as provided in 35 U.S.C. 122(b), no information concerning pending or abandoned patent applications (except applications which have been published, reissue applications and reexamination proceedings) may be given to the public without appropriate written authorization.”

This ensures that confidential application information is only released to authorized individuals.

For more information on information requests, visit: information requests.

For more information on unpublished applications, visit: unpublished applications.

Access to information about unpublished patent applications is generally restricted. However, according to MPEP 101, there are specific circumstances under which such information may be accessed:

1. If you are the applicant, an inventor, the assignee of record, or the attorney or agent of record, you may be able to access information about the application.
2. If the application is identified in a published patent document or in another application as specified in 37 CFR 1.14(a)(1)(i) through (a)(1)(vi), certain status information may be available to the public.
3. In some cases, a petition for access or a power to inspect may be required to access information about an unpublished application.

It’s important to note that the USPTO has strict procedures for verifying the identity and authority of individuals requesting information about unpublished applications to maintain confidentiality.

For more information on unpublished applications, visit: unpublished applications.

For more information on USPTO procedures, visit: USPTO procedures.

Patent applications are generally published 18 months after the earliest filing date, with some exceptions. According to 35 U.S.C. 122(b)(1)(A):

“Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period.”

Exceptions to publication include applications that are no longer pending, subject to a secrecy order, provisional applications, or design patent applications.

Patent applications are generally published by the USPTO 18 months after the earliest filing date for which a benefit is sought. This is specified in 35 U.S.C. 122(b)(1)(A):

Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period.

There are some exceptions to this rule, such as applications that are no longer pending or are subject to a secrecy order. Applicants can also request early publication or non-publication under certain conditions.

The Manual of Patent Examining Procedure (MPEP) serves as a comprehensive guide for patent examiners, applicants, attorneys, and agents involved in the patent application process. According to MPEP 101, its purpose is to:

• Provide instructions to examiners for the examination of patent applications
• Outline procedures for processing and examining patent applications
• Serve as a reference work on patent laws, rules, and examination practices

The MPEP states: The Manual contains instructions to examiners, as well as other material in the nature of information and interpretation, and outlines the current procedures which the examiners are required or authorized to follow in appropriate cases in the normal examination of a patent application.

For more information on patent examination, visit: patent examination.

For more information on USPTO Guidelines, visit: USPTO Guidelines.

The Manual of Patent Examining Procedure (MPEP) holds a unique legal status in patent law. According to MPEP 101:

The Manual does not have the force of law or the force of the rules in Title 37 of the Code of Federal Regulations.

This means:

• The MPEP is not legally binding like statutes or regulations
• It serves as an interpretive guide for patent examiners and practitioners
• Courts may give it deference but are not bound by its contents

However, the MPEP is highly influential because it:

• Reflects official USPTO policies and procedures
• Is used by examiners in their day-to-day work
• Provides valuable guidance for patent applicants and attorneys

While not law, the MPEP is an essential resource for understanding and navigating the patent examination process.

For more information on patent law, visit: patent law.

For more information on USPTO Guidelines, visit: USPTO Guidelines.

Patent applications are generally kept confidential by the USPTO until they are published or granted. As stated in 35 U.S.C. 122(a):

“Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of an Act of Congress or in such special circumstances as may be determined by the Director.”

This confidentiality requirement applies to all USPTO employees handling patent applications.

The USPTO has strict rules about what information can be disclosed regarding unpublished patent applications. According to 37 CFR 1.14(a)(2), only limited status information may be communicated to the public if the application is identified in a published patent document or in another application. This status information includes:

• Whether the application is pending, abandoned, or patented
• Whether the application has been published under 35 U.S.C. 122(b)
• The application’s numerical identifier (application number or serial number plus filing date)
• Whether another application claims benefit of the application, and if so, the numerical identifier, relationship, status, and publication status of that application

No other information about unpublished applications can be disclosed without proper authorization.

The USPTO can disclose limited information about patent applications to the public, as outlined in 37 CFR 1.14(a)(2):

• Whether the application is pending, abandoned, or patented
• Whether the application has been published
• The application’s numerical identifier
• Whether another application claims benefit of the application

This information can only be disclosed if the application is identified in a published patent document or in another application as specified in 37 CFR 1.14(a)(1)(i) through (a)(1)(vi).

Unauthorized disclosure of patent application information can result in severe penalties for USPTO employees. According to the MPEP:

“Suspension, removal, and even criminal penalties may be imposed for violations of these statutes.”

The relevant statutes include 35 U.S.C. 122 and 18 U.S.C. 2071. Additionally, 18 U.S.C. 2071 states that individuals who willfully and unlawfully conceal, remove, mutilate, or destroy official documents may be:

• Fined under this title
• Imprisoned for up to three years
• Disqualified from holding any office under the United States

These penalties underscore the critical importance of maintaining confidentiality in patent application handling.

There are several exceptions to the 18-month publication rule for patent applications, as outlined in 35 U.S.C. 122(b)(2)(A). An application shall not be published if it is:

• No longer pending
• Subject to a secrecy order under section 181
• A provisional application filed under section 111(b)
• An application for a design patent filed under chapter 16

Additionally, an applicant can request non-publication if they certify that the invention has not and will not be the subject of an application filed in another country that requires publication after 18 months. However, if the applicant later files such a foreign application, they must notify the USPTO within 45 days or the U.S. application will be considered abandoned.

The Manual of Patent Examining Procedure (MPEP) is regularly updated to reflect changes in patent laws, rules, and procedures. According to MPEP 101:

The Manual is updated periodically to include changes in patent laws and rules and also changes in Patent and Trademark Office procedures.

While the MPEP doesn’t specify an exact frequency for updates, they typically occur:

• Multiple times per year to incorporate new policies and procedures
• After significant changes in patent laws or regulations
• When court decisions impact patent examination practices

Users should always refer to the most recent version of the MPEP available on the USPTO website for the most up-to-date information.

For more information on MPEP updates, visit: MPEP updates.

For more information on patent law changes, visit: patent law changes.

For more information on USPTO procedures, visit: USPTO procedures.

The USPTO follows a strict procedure for handling telephone and in-person requests for information about unpublished pending or abandoned patent applications:

1. Obtain the caller’s full name, application number, and telephone number
2. Verify the caller’s identity and authority to receive information
3. Check Patent Data Portal or the application file to verify releasable information
4. Return the call using a verified telephone number

Information is only released to authorized individuals, such as the patent practitioner of record, inventor, applicant, or authorized representative of the assignee of record.

USPTO employees are legally obligated to maintain the confidentiality of pending patent applications. According to MPEP 101:

All U.S. Patent and Trademark Office employees are legally obligated to preserve pending applications for patents in confidence until they are published or patented in accordance with 35 U.S.C. 122 and 37 CFR 1.14.

This includes several practices:

• Not reproducing or copying application documents except for official purposes
• Properly handling and storing application files
• Using appropriate envelopes for interoffice mail
• Being careful during interviews to prevent exposure of other applicants’ files

Violations of these confidentiality requirements can result in suspension, removal, and even criminal penalties.

For more information on USPTO employees, visit: USPTO employees.

USPTO employees are legally obligated to maintain the confidentiality of pending patent applications. The MPEP states:

“All U.S. Patent and Trademark Office employees are legally obligated to preserve pending applications for patents in confidence until they are published or patented in accordance with 35 U.S.C. 122 and 37 CFR 1.14.”

Employees must follow strict procedures to ensure confidentiality, including:

• Not reproducing or copying application documents except for official purposes
• Properly handling and storing application files
• Using appropriate envelopes for interoffice mail
• Being cautious during interviews to prevent exposure of other applications

Violations of these procedures can result in suspension, removal, or even criminal penalties.

Requesting information about an unpublished patent application requires specific procedures to ensure confidentiality. According to the MPEP:

• Requests can be made by phone or in person
• The requester’s identity and right to information must be verified
• Only certain individuals (applicant, inventor, assignee of record, or attorney/agent of record) may receive detailed information
• USPTO employees must follow a strict verification process before releasing any information

The MPEP states:

“Except as provided in 35 U.S.C. 122(b), no information concerning pending or abandoned patent applications (except applications which have been published, reissue applications and reexamination proceedings) may be given to the public without appropriate written authorization.”

This ensures that confidential application information is only released to authorized individuals.

For more information on information requests, visit: information requests.

For more information on unpublished applications, visit: unpublished applications.

Access to information about unpublished patent applications is generally restricted. However, according to MPEP 101, there are specific circumstances under which such information may be accessed:

1. If you are the applicant, an inventor, the assignee of record, or the attorney or agent of record, you may be able to access information about the application.
2. If the application is identified in a published patent document or in another application as specified in 37 CFR 1.14(a)(1)(i) through (a)(1)(vi), certain status information may be available to the public.
3. In some cases, a petition for access or a power to inspect may be required to access information about an unpublished application.

It’s important to note that the USPTO has strict procedures for verifying the identity and authority of individuals requesting information about unpublished applications to maintain confidentiality.

For more information on unpublished applications, visit: unpublished applications.

For more information on USPTO procedures, visit: USPTO procedures.