Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 150-Statements to DOE and NASA (1)
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).”
MPEP 300 - Ownership and Assignment (1)
The process for obtaining copies of assignment records for pending or abandoned applications depends on whether the application is open to the public. The MPEP states:
‘Copies of assignment records relating to pending or abandoned patent applications which are open to the public pursuant to 37 CFR 1.11 or for which copies or access may be supplied pursuant to 37 CFR 1.14 are available to the public.’
For applications that are not open to the public, the process is more restricted:
‘For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing of written authority.’
The required written authority varies depending on the application filing date. For applications filed on or after September 16, 2012, it must come from an inventor, applicant, assignee, patent practitioner of record, or someone with written authority from these parties.
MPEP 301-Ownership/Assignability of Patents and Applications (1)
The process for obtaining copies of assignment records for pending or abandoned applications depends on whether the application is open to the public. The MPEP states:
‘Copies of assignment records relating to pending or abandoned patent applications which are open to the public pursuant to 37 CFR 1.11 or for which copies or access may be supplied pursuant to 37 CFR 1.14 are available to the public.’
For applications that are not open to the public, the process is more restricted:
‘For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing of written authority.’
The required written authority varies depending on the application filing date. For applications filed on or after September 16, 2012, it must come from an inventor, applicant, assignee, patent practitioner of record, or someone with written authority from these parties.
Patent Law (2)
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).”
The process for obtaining copies of assignment records for pending or abandoned applications depends on whether the application is open to the public. The MPEP states:
‘Copies of assignment records relating to pending or abandoned patent applications which are open to the public pursuant to 37 CFR 1.11 or for which copies or access may be supplied pursuant to 37 CFR 1.14 are available to the public.’
For applications that are not open to the public, the process is more restricted:
‘For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing of written authority.’
The required written authority varies depending on the application filing date. For applications filed on or after September 16, 2012, it must come from an inventor, applicant, assignee, patent practitioner of record, or someone with written authority from these parties.
Patent Procedure (1)
The process for obtaining copies of assignment records for pending or abandoned applications depends on whether the application is open to the public. The MPEP states:
‘Copies of assignment records relating to pending or abandoned patent applications which are open to the public pursuant to 37 CFR 1.11 or for which copies or access may be supplied pursuant to 37 CFR 1.14 are available to the public.’
For applications that are not open to the public, the process is more restricted:
‘For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing of written authority.’
The required written authority varies depending on the application filing date. For applications filed on or after September 16, 2012, it must come from an inventor, applicant, assignee, patent practitioner of record, or someone with written authority from these parties.