Patent Law FAQ

According to MPEP 150, property rights statements to DOE or NASA can be filed at any time, but they should be kept up-to-date to reflect accurate property rights at the time of application allowance. The MPEP states:

Property rights statements to DOE or NASA may be filed at any time but should be updated if necessary to accurately reflect property rights at the time the application is allowed.

Additionally, the USPTO typically sends an informal request for a property rights statement shortly after filing to applicants whose nonprovisional applications are marked as being of interest to DOE or NASA. While there’s no formal time period set, a response within 45 days is recommended to expedite processing.

For more information on filing deadlines, visit: filing deadlines.

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

If an invention appears to the USPTO Director to have significant utility in the conduct of aeronautical and space activities, the applicant must file a written statement with the USPTO Director with the patent application or within 30 days after request by the Director.

The statement must be executed under oath setting forth the full facts concerning the circumstances under which the invention was made and stating the relationship (if any) of the invention to the performance of any work under any NASA contract, as provided in 51 U.S.C. 20135(d):

“No patent may be issued to any applicant other than the Administrator for any invention which appears to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (hereafter in this section referred to as the ‘Director’) to have significant utility in the conduct of aeronautical and space activities unless the applicant files with the Director, with the application or within 30 days after request therefor by the Director, a written statement executed under oath setting forth the full facts concerning the circumstances under which the invention was made and stating the relationship (if any) of the invention to the performance of any work under any contract of the Administration.”

Applications for patents which appear to disclose, purport to disclose or do disclose inventions or discoveries relating to atomic energy must be reported to the Department of Energy, which will be given access to the applications.

As stated in 37 CFR 1.14(d), “Such reporting does not constitute a determination that the subject matter of each application so reported is in fact useful or is an invention or discovery, or that such application in fact discloses subject matter in categories specified by 42 U.S.C. 2181(c) and (d).”

Papers related to property rights under the Atomic Energy Act or National Aeronautics and Space Act require special handling. According to MPEP 150:

Any papers pertaining to property rights under section 152 of the Atomic Energy Act, 42 U.S.C. 2182, (DOE), or section 305(c) or the National Aeronautics and Space Act, 42 U.S.C. 2457, (NASA), that have not been associated with the application file, or have not been made of record in the file and processed by the Licensing and Review section, must be sent to the Licensing and Review section immediately.

Key points:

• Papers related to property rights under these acts must be properly associated with the application file
• If not already processed by the Licensing and Review section, they must be sent there immediately
• This ensures proper handling and review of sensitive information related to atomic energy or space activities

For more information on National Aeronautics and Space Act, visit: National Aeronautics and Space Act.

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

When the USPTO makes a formal request for a property rights statement in accordance with 42 U.S.C. 2182 (DOE) or 51 U.S.C. 20135 (NASA), the applicant has a 30-day statutory period to respond. There is no provision for an extension of this 30-day time period.

As stated in MPEP 150, “If no proper and timely statement is received, the application will be held abandoned and the applicant so notified. Such applications may be revived under the provisions of 37 CFR 1.137.”

Patent applications that appear to disclose, purport to disclose, or do disclose inventions or discoveries relating to atomic energy are reported to the Department of Energy. The purpose is to allow the DOE access to these applications for review.

As stated in MPEP 150: Applications for patents which appear to disclose, purport to disclose or do disclose inventions or discoveries relating to atomic energy are reported to the Department of Energy, which Department will be given access to the applications. However, it’s important to note that Such reporting does not constitute a determination that the subject matter of each application so reported is in fact useful or is an invention or discovery, or that such application in fact discloses subject matter in categories specified by 42 U.S.C. 2181(c) and (d).

For more information on invention disclosure, visit: invention disclosure.

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

For inventions related to atomic energy, applicants must file a statement under oath with specific information. According to 42 U.S.C. 2182, this statement should include:

• Full facts surrounding the making or conception of the invention
• Whether the invention was made or conceived under any contract or arrangement with the Commission (now DOE)
• Whether the contract involved the expenditure of funds by the Commission

The law states: No patent for any invention or discovery, useful in the production or utilization of special nuclear material or atomic energy, shall be issued unless the applicant files with the application, or within thirty days after request therefor by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office […] a statement under oath setting forth the full facts surrounding the making or conception of the invention or discovery described in the application and whether the invention or discovery was made or conceived in the course of or under any contract, subcontract, or arrangement entered into with or for the benefit of the Commission, regardless of whether the contract, subcontract, or arrangement involved the expenditure of funds by the Commission.

For more information on invention disclosure, visit: invention disclosure.

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

If an applicant fails to respond to a request for a property rights statement, there can be serious consequences for the patent application. According to MPEP 150:

If no proper and timely statement is received, the application will be held abandoned and the applicant so notified.

The process typically involves:

• An initial informal request (45-Day Letter)
• If no response or if the statement is defective, a formal request is made with a 30-day statutory period for response
• No extensions are available for this 30-day period
• Failure to respond properly results in the application being held abandoned

However, abandoned applications may be revived under the provisions of 37 CFR 1.137, as noted in the case of In re Rutan, 231 USPQ 864 (Comm’r Pat. 1986).

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

For more information on revival, visit: revival.

For inventions related to aeronautical and space activities, applicants must file a statement with specific information if requested by the USPTO. According to 51 U.S.C. 20135:

No patent may be issued to any applicant other than the Administrator for any invention which appears to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office […] to have significant utility in the conduct of aeronautical and space activities unless the applicant files with the Director, with the application or within 30 days after request therefor by the Director, a written statement executed under oath setting forth the full facts concerning the circumstances under which the invention was made and stating the relationship (if any) of the invention to the performance of any work under any contract of the Administration.

This statement should include:

• Full facts about the circumstances of the invention’s creation
• The relationship, if any, between the invention and work performed under any NASA contract

For more information on invention disclosure, visit: invention disclosure.

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

The USPTO has a process for handling defective property rights statements submitted in response to DOE or NASA review requests. According to MPEP 150:

If the statement submitted during this period is defective, another letter is sent from Licensing and Review detailing the deficiencies and giving applicant another opportunity to respond during this period of informal correspondence.

The process typically involves:

• Initial review of the submitted statement
• If defects are found, a letter is sent detailing the deficiencies
• The applicant is given another opportunity to respond and correct the statement
• If repeated efforts to correct a defective statement show lack of cooperation, a formal request with a 30-day statutory deadline may be issued

It’s crucial for applicants to address any deficiencies promptly to avoid potential abandonment of their application.

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

No, provisional applications are not subject to Department of Energy (DOE) or NASA property rights review. According to MPEP 150:

Provisional applications are not subject to DOE or NASA property rights review.

This means that inventors filing provisional applications do not need to submit property rights statements to DOE or NASA at the time of filing. However, it’s important to note that if a nonprovisional application is later filed claiming priority to the provisional application, and if it relates to atomic energy or aeronautical and space activities, it may then be subject to the relevant property rights review process.

According to MPEP 150, property rights statements to DOE or NASA can be filed at any time, but they should be kept up-to-date to reflect accurate property rights at the time of application allowance. The MPEP states:

Property rights statements to DOE or NASA may be filed at any time but should be updated if necessary to accurately reflect property rights at the time the application is allowed.

Additionally, the USPTO typically sends an informal request for a property rights statement shortly after filing to applicants whose nonprovisional applications are marked as being of interest to DOE or NASA. While there’s no formal time period set, a response within 45 days is recommended to expedite processing.

For more information on filing deadlines, visit: filing deadlines.

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

If an invention appears to the USPTO Director to have significant utility in the conduct of aeronautical and space activities, the applicant must file a written statement with the USPTO Director with the patent application or within 30 days after request by the Director.

The statement must be executed under oath setting forth the full facts concerning the circumstances under which the invention was made and stating the relationship (if any) of the invention to the performance of any work under any NASA contract, as provided in 51 U.S.C. 20135(d):

“No patent may be issued to any applicant other than the Administrator for any invention which appears to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (hereafter in this section referred to as the ‘Director’) to have significant utility in the conduct of aeronautical and space activities unless the applicant files with the Director, with the application or within 30 days after request therefor by the Director, a written statement executed under oath setting forth the full facts concerning the circumstances under which the invention was made and stating the relationship (if any) of the invention to the performance of any work under any contract of the Administration.”

Applications for patents which appear to disclose, purport to disclose or do disclose inventions or discoveries relating to atomic energy must be reported to the Department of Energy, which will be given access to the applications.

As stated in 37 CFR 1.14(d), “Such reporting does not constitute a determination that the subject matter of each application so reported is in fact useful or is an invention or discovery, or that such application in fact discloses subject matter in categories specified by 42 U.S.C. 2181(c) and (d).”

Papers related to property rights under the Atomic Energy Act or National Aeronautics and Space Act require special handling. According to MPEP 150:

Any papers pertaining to property rights under section 152 of the Atomic Energy Act, 42 U.S.C. 2182, (DOE), or section 305(c) or the National Aeronautics and Space Act, 42 U.S.C. 2457, (NASA), that have not been associated with the application file, or have not been made of record in the file and processed by the Licensing and Review section, must be sent to the Licensing and Review section immediately.

Key points:

• Papers related to property rights under these acts must be properly associated with the application file
• If not already processed by the Licensing and Review section, they must be sent there immediately
• This ensures proper handling and review of sensitive information related to atomic energy or space activities

For more information on National Aeronautics and Space Act, visit: National Aeronautics and Space Act.

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

When the USPTO makes a formal request for a property rights statement in accordance with 42 U.S.C. 2182 (DOE) or 51 U.S.C. 20135 (NASA), the applicant has a 30-day statutory period to respond. There is no provision for an extension of this 30-day time period.

As stated in MPEP 150, “If no proper and timely statement is received, the application will be held abandoned and the applicant so notified. Such applications may be revived under the provisions of 37 CFR 1.137.”

Patent applications that appear to disclose, purport to disclose, or do disclose inventions or discoveries relating to atomic energy are reported to the Department of Energy. The purpose is to allow the DOE access to these applications for review.

As stated in MPEP 150: Applications for patents which appear to disclose, purport to disclose or do disclose inventions or discoveries relating to atomic energy are reported to the Department of Energy, which Department will be given access to the applications. However, it’s important to note that Such reporting does not constitute a determination that the subject matter of each application so reported is in fact useful or is an invention or discovery, or that such application in fact discloses subject matter in categories specified by 42 U.S.C. 2181(c) and (d).

For more information on invention disclosure, visit: invention disclosure.

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

For inventions related to atomic energy, applicants must file a statement under oath with specific information. According to 42 U.S.C. 2182, this statement should include:

• Full facts surrounding the making or conception of the invention
• Whether the invention was made or conceived under any contract or arrangement with the Commission (now DOE)
• Whether the contract involved the expenditure of funds by the Commission

The law states: No patent for any invention or discovery, useful in the production or utilization of special nuclear material or atomic energy, shall be issued unless the applicant files with the application, or within thirty days after request therefor by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office […] a statement under oath setting forth the full facts surrounding the making or conception of the invention or discovery described in the application and whether the invention or discovery was made or conceived in the course of or under any contract, subcontract, or arrangement entered into with or for the benefit of the Commission, regardless of whether the contract, subcontract, or arrangement involved the expenditure of funds by the Commission.

For more information on invention disclosure, visit: invention disclosure.

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

If an applicant fails to respond to a request for a property rights statement, there can be serious consequences for the patent application. According to MPEP 150:

If no proper and timely statement is received, the application will be held abandoned and the applicant so notified.

The process typically involves:

• An initial informal request (45-Day Letter)
• If no response or if the statement is defective, a formal request is made with a 30-day statutory period for response
• No extensions are available for this 30-day period
• Failure to respond properly results in the application being held abandoned

However, abandoned applications may be revived under the provisions of 37 CFR 1.137, as noted in the case of In re Rutan, 231 USPQ 864 (Comm’r Pat. 1986).

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

For more information on revival, visit: revival.

For inventions related to aeronautical and space activities, applicants must file a statement with specific information if requested by the USPTO. According to 51 U.S.C. 20135:

No patent may be issued to any applicant other than the Administrator for any invention which appears to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office […] to have significant utility in the conduct of aeronautical and space activities unless the applicant files with the Director, with the application or within 30 days after request therefor by the Director, a written statement executed under oath setting forth the full facts concerning the circumstances under which the invention was made and stating the relationship (if any) of the invention to the performance of any work under any contract of the Administration.

This statement should include:

• Full facts about the circumstances of the invention’s creation
• The relationship, if any, between the invention and work performed under any NASA contract

For more information on invention disclosure, visit: invention disclosure.

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

The USPTO has a process for handling defective property rights statements submitted in response to DOE or NASA review requests. According to MPEP 150:

If the statement submitted during this period is defective, another letter is sent from Licensing and Review detailing the deficiencies and giving applicant another opportunity to respond during this period of informal correspondence.

The process typically involves:

• Initial review of the submitted statement
• If defects are found, a letter is sent detailing the deficiencies
• The applicant is given another opportunity to respond and correct the statement
• If repeated efforts to correct a defective statement show lack of cooperation, a formal request with a 30-day statutory deadline may be issued

It’s crucial for applicants to address any deficiencies promptly to avoid potential abandonment of their application.

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

No, provisional applications are not subject to Department of Energy (DOE) or NASA property rights review. According to MPEP 150:

Provisional applications are not subject to DOE or NASA property rights review.

This means that inventors filing provisional applications do not need to submit property rights statements to DOE or NASA at the time of filing. However, it’s important to note that if a nonprovisional application is later filed claiming priority to the provisional application, and if it relates to atomic energy or aeronautical and space activities, it may then be subject to the relevant property rights review process.

According to MPEP 150, property rights statements to DOE or NASA can be filed at any time, but they should be kept up-to-date to reflect accurate property rights at the time of application allowance. The MPEP states:

Property rights statements to DOE or NASA may be filed at any time but should be updated if necessary to accurately reflect property rights at the time the application is allowed.

Additionally, the USPTO typically sends an informal request for a property rights statement shortly after filing to applicants whose nonprovisional applications are marked as being of interest to DOE or NASA. While there’s no formal time period set, a response within 45 days is recommended to expedite processing.

For more information on filing deadlines, visit: filing deadlines.

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

Papers related to property rights under the Atomic Energy Act or National Aeronautics and Space Act require special handling. According to MPEP 150:

Any papers pertaining to property rights under section 152 of the Atomic Energy Act, 42 U.S.C. 2182, (DOE), or section 305(c) or the National Aeronautics and Space Act, 42 U.S.C. 2457, (NASA), that have not been associated with the application file, or have not been made of record in the file and processed by the Licensing and Review section, must be sent to the Licensing and Review section immediately.

Key points:

• Papers related to property rights under these acts must be properly associated with the application file
• If not already processed by the Licensing and Review section, they must be sent there immediately
• This ensures proper handling and review of sensitive information related to atomic energy or space activities

For more information on National Aeronautics and Space Act, visit: National Aeronautics and Space Act.

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

Patent applications that appear to disclose, purport to disclose, or do disclose inventions or discoveries relating to atomic energy are reported to the Department of Energy. The purpose is to allow the DOE access to these applications for review.

As stated in MPEP 150: Applications for patents which appear to disclose, purport to disclose or do disclose inventions or discoveries relating to atomic energy are reported to the Department of Energy, which Department will be given access to the applications. However, it’s important to note that Such reporting does not constitute a determination that the subject matter of each application so reported is in fact useful or is an invention or discovery, or that such application in fact discloses subject matter in categories specified by 42 U.S.C. 2181(c) and (d).

For more information on invention disclosure, visit: invention disclosure.

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

For inventions related to atomic energy, applicants must file a statement under oath with specific information. According to 42 U.S.C. 2182, this statement should include:

• Full facts surrounding the making or conception of the invention
• Whether the invention was made or conceived under any contract or arrangement with the Commission (now DOE)
• Whether the contract involved the expenditure of funds by the Commission

The law states: No patent for any invention or discovery, useful in the production or utilization of special nuclear material or atomic energy, shall be issued unless the applicant files with the application, or within thirty days after request therefor by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office […] a statement under oath setting forth the full facts surrounding the making or conception of the invention or discovery described in the application and whether the invention or discovery was made or conceived in the course of or under any contract, subcontract, or arrangement entered into with or for the benefit of the Commission, regardless of whether the contract, subcontract, or arrangement involved the expenditure of funds by the Commission.

For more information on invention disclosure, visit: invention disclosure.

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

If an applicant fails to respond to a request for a property rights statement, there can be serious consequences for the patent application. According to MPEP 150:

If no proper and timely statement is received, the application will be held abandoned and the applicant so notified.

The process typically involves:

• An initial informal request (45-Day Letter)
• If no response or if the statement is defective, a formal request is made with a 30-day statutory period for response
• No extensions are available for this 30-day period
• Failure to respond properly results in the application being held abandoned

However, abandoned applications may be revived under the provisions of 37 CFR 1.137, as noted in the case of In re Rutan, 231 USPQ 864 (Comm’r Pat. 1986).

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

For more information on revival, visit: revival.

For inventions related to aeronautical and space activities, applicants must file a statement with specific information if requested by the USPTO. According to 51 U.S.C. 20135:

No patent may be issued to any applicant other than the Administrator for any invention which appears to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office […] to have significant utility in the conduct of aeronautical and space activities unless the applicant files with the Director, with the application or within 30 days after request therefor by the Director, a written statement executed under oath setting forth the full facts concerning the circumstances under which the invention was made and stating the relationship (if any) of the invention to the performance of any work under any contract of the Administration.

This statement should include:

• Full facts about the circumstances of the invention’s creation
• The relationship, if any, between the invention and work performed under any NASA contract

For more information on invention disclosure, visit: invention disclosure.

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

The USPTO has a process for handling defective property rights statements submitted in response to DOE or NASA review requests. According to MPEP 150:

If the statement submitted during this period is defective, another letter is sent from Licensing and Review detailing the deficiencies and giving applicant another opportunity to respond during this period of informal correspondence.

The process typically involves:

• Initial review of the submitted statement
• If defects are found, a letter is sent detailing the deficiencies
• The applicant is given another opportunity to respond and correct the statement
• If repeated efforts to correct a defective statement show lack of cooperation, a formal request with a 30-day statutory deadline may be issued

It’s crucial for applicants to address any deficiencies promptly to avoid potential abandonment of their application.

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

No, provisional applications are not subject to Department of Energy (DOE) or NASA property rights review. According to MPEP 150:

Provisional applications are not subject to DOE or NASA property rights review.

This means that inventors filing provisional applications do not need to submit property rights statements to DOE or NASA at the time of filing. However, it’s important to note that if a nonprovisional application is later filed claiming priority to the provisional application, and if it relates to atomic energy or aeronautical and space activities, it may then be subject to the relevant property rights review process.