Patent Law FAQ

An inventor’s access to their patent application can be restricted, but it requires a specific process. According to MPEP 106, “Any request to prevent the inventor from obtaining access to the file should be filed as a separate paper, 37 CFR 1.4(c), and should be directed to the Office of Petitions.”

If the request is granted, the inventor will be informed that they can only inspect the application if they can show why such inspection is necessary to conserve their rights. It’s important to note that this restriction is temporary. Once the application is published under 35 U.S.C. 122(b), it becomes publicly available, and any previously granted restrictions on the inventor’s access will no longer be in effect.

For more information on inventor access, visit: inventor access.

For more information on Office of Petitions, visit: Office of Petitions.

While it’s uncommon, there is a process for restricting an inventor’s access to their patent application. According to MPEP 106:

Any request to prevent the inventor from obtaining access to the file should be filed as a separate paper, 37 CFR 1.4(c), and should be directed to the Office of Petitions. If the request is granted, the inventor will be informed that he or she will only be permitted to inspect the application on sufficient showing why such inspection is necessary to conserve his or her rights.

This process requires a specific request and justification. It’s important to note that such restrictions are temporary, as the MPEP also states, Of course, after the application has published pursuant to 35 U.S.C. 122(b), the application will be available to the public and any restriction on the inventor to access his or her application previously granted will no longer be in effect.

For more information on inventor access, visit: inventor access.

For more information on Office of Petitions, visit: Office of Petitions.

Yes, an assignee of record of the entire interest in a patent application can control access to it. According to MPEP 106, “The applicant or assignee of record of the entire interest in an application may file an application or intervene in the prosecution of the application, appointing an attorney or agent of his or her own choice.” This means that the assignee can manage the application’s prosecution and potentially limit access to it.

However, it’s important to note that “Such an application filing or intervention, however, does not exclude the inventor from access to the application to see that it is being prosecuted properly, unless the applicant or assignee makes specific request to that effect.” Any request to prevent the inventor’s access must be filed separately and directed to the Office of Petitions.

For more information on assignee rights, visit: assignee rights.

For more information on inventor access, visit: inventor access.

For more information on Office of Petitions, visit: Office of Petitions.

If you miss the deadline for filing a foreign priority claim, you may still have options:

• Unintentional delay: You can file a petition to accept an unintentionally delayed priority claim under 37 CFR 1.55(e). This petition must be filed within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application.
• Design applications: For design applications, you can file this petition up to the date of payment of the issue fee.

The MPEP states: The Director may accept an unintentionally delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), or 365(a) or (b) in an application for patent filed on or after November 29, 2000, upon petition pursuant to 37 CFR 1.55(e).

It’s important to note that the petition must include a statement that the entire delay was unintentional, and you may need to provide additional evidence to support this claim.

What happens if a certified copy is not received within the time period set in 37 CFR 1.55(f)?

If a certified copy is not received within the time period set in 37 CFR 1.55(f), the USPTO will send a Notice of Allowance and Issue Fee Due (Notice of Allowance) with a requirement for the certified copy. As stated in the MPEP:

‘If a certified copy of the foreign application is not filed within the time period specified in 37 CFR 1.55(f) and the exceptions in 37 CFR 1.55(h), (i), and (j) are not applicable, the certified copy of the foreign application must be accompanied by a petition including a showing of good and sufficient cause for the delay and the petition fee set forth in 37 CFR 1.17(g).’

This means that if you miss the deadline, you’ll need to file a petition explaining the delay and pay an additional fee. It’s crucial to submit the certified copy or ensure it’s retrievable through the priority document exchange program to avoid complications in the patent application process.

How do I correct an error in my foreign priority claim?

If you need to correct an error in your foreign priority claim, the process depends on the nature of the error and when it’s discovered. According to MPEP 214.01, “Applicant may correct the failure to adequately claim priority to the prior foreign application by amending the specification or submitting a new application data sheet (ADS) identifying the foreign application by application number, country (or intellectual property authority), and filing date.” Here are some key points to remember:

• If the error is discovered within the time period for filing the priority claim, you can simply submit a corrected ADS or amend the specification.
• If the error is discovered after the time period has expired, you may need to file a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim.
• For minor typographical errors, a request for a corrected filing receipt may be sufficient.

Always consult with a patent attorney or agent to determine the best course of action for your specific situation.

If you miss the deadline for filing a foreign priority claim, you may still have options:

• Unintentional delay: You can file a petition to accept an unintentionally delayed priority claim under 37 CFR 1.55(e). This petition must be filed within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application.
• Design applications: For design applications, you can file this petition up to the date of payment of the issue fee.

The MPEP states: The Director may accept an unintentionally delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), or 365(a) or (b) in an application for patent filed on or after November 29, 2000, upon petition pursuant to 37 CFR 1.55(e).

It’s important to note that the petition must include a statement that the entire delay was unintentional, and you may need to provide additional evidence to support this claim.

How do I correct an error in my foreign priority claim?

If you need to correct an error in your foreign priority claim, the process depends on the nature of the error and when it’s discovered. According to MPEP 214.01, “Applicant may correct the failure to adequately claim priority to the prior foreign application by amending the specification or submitting a new application data sheet (ADS) identifying the foreign application by application number, country (or intellectual property authority), and filing date.” Here are some key points to remember:

• If the error is discovered within the time period for filing the priority claim, you can simply submit a corrected ADS or amend the specification.
• If the error is discovered after the time period has expired, you may need to file a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim.
• For minor typographical errors, a request for a corrected filing receipt may be sufficient.

Always consult with a patent attorney or agent to determine the best course of action for your specific situation.

What happens if a certified copy is not received within the time period set in 37 CFR 1.55(f)?

If a certified copy is not received within the time period set in 37 CFR 1.55(f), the USPTO will send a Notice of Allowance and Issue Fee Due (Notice of Allowance) with a requirement for the certified copy. As stated in the MPEP:

‘If a certified copy of the foreign application is not filed within the time period specified in 37 CFR 1.55(f) and the exceptions in 37 CFR 1.55(h), (i), and (j) are not applicable, the certified copy of the foreign application must be accompanied by a petition including a showing of good and sufficient cause for the delay and the petition fee set forth in 37 CFR 1.17(g).’

This means that if you miss the deadline, you’ll need to file a petition explaining the delay and pay an additional fee. It’s crucial to submit the certified copy or ensure it’s retrievable through the priority document exchange program to avoid complications in the patent application process.

When an examiner receives a pre-AIA 37 CFR 1.47 application, they must follow these steps:

“When an examiner receives an application in which a petition under pre-AIA 37 CFR 1.47 has been filed, he or she must check the file to determine that the petition has been decided by the Office of Petitions. If the petition has not been decided by the Office of Petitions, the application, or an electronic message concerning the petition, must be forwarded to the Office of Petitions for appropriate action.”

In essence, the examiner must verify that the Office of Petitions has made a decision on the pre-AIA 37 CFR 1.47 petition. If not, the examiner must forward the application or relevant information to the Office of Petitions for further processing.

To learn more:

• pre-AIA 37 CFR 1.47
• patent examiner
• Office of Petitions

To learn more:

• pre-AIA 37 CFR 1.47

The processing of a pre-AIA 37 CFR 1.47 application involves several steps:

1. A filing date is assigned if the application meets the requirements of 37 CFR 1.53(b).
2. A filing receipt is sent to the applicant.
3. The application or an electronic message about the petition is forwarded to the Office of Petitions.
4. If the papers are found acceptable, the Office of Petitions enters a decision in the file.
5. A notice is published in the Official Gazette with application details.
6. The USPTO notifies the nonsigning inventor(s) or legal representative(s) by letter.

As stated in the MPEP, When papers deposited pursuant to pre-AIA 37 CFR 1.47 are found acceptable, the Office of Petitions enters a decision to that effect in the file. A notice will be published in the Official Gazette identifying the application number, filing date, the title of the invention and the name(s) of the nonsigning inventor(s).

To learn more:

• pre-AIA
• 37 CFR 1.47
• patent application processing
• Office of Petitions
• Official Gazette

To learn more:

• 37 CFR 1.47

An applicant can request review of a refusal to accord a filing date by filing a petition. The MPEP states:

Any review of the refusal to grant a filing date as of the date of deposit of the application would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)). Petitioner should provide any arguments that he or she has that the items noted were not missing or that a filing date should be assigned in the absence of such items if they are believed to be unnecessary.

The petition should be marked to the attention of the Office of Petitions. If the applicant believes no defect exists, they may include a request for refund of the petition fee in the petition.

An applicant can request review of a refusal to accord a filing date by filing a petition. The MPEP states:

Any review of the refusal to grant a filing date as of the date of deposit of the application would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)). Petitioner should provide any arguments that he or she has that the items noted were not missing or that a filing date should be assigned in the absence of such items if they are believed to be unnecessary.

The petition should be marked to the attention of the Office of Petitions. If the applicant believes no defect exists, they may include a request for refund of the petition fee in the petition.

When an examiner receives a pre-AIA 37 CFR 1.47 application, they must follow these steps:

“When an examiner receives an application in which a petition under pre-AIA 37 CFR 1.47 has been filed, he or she must check the file to determine that the petition has been decided by the Office of Petitions. If the petition has not been decided by the Office of Petitions, the application, or an electronic message concerning the petition, must be forwarded to the Office of Petitions for appropriate action.”

In essence, the examiner must verify that the Office of Petitions has made a decision on the pre-AIA 37 CFR 1.47 petition. If not, the examiner must forward the application or relevant information to the Office of Petitions for further processing.

To learn more:

• pre-AIA 37 CFR 1.47
• patent examiner
• Office of Petitions

To learn more:

• pre-AIA 37 CFR 1.47

If you miss the deadline for filing a foreign priority claim, you may still have options:

• Unintentional delay: You can file a petition to accept an unintentionally delayed priority claim under 37 CFR 1.55(e). This petition must be filed within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application.
• Design applications: For design applications, you can file this petition up to the date of payment of the issue fee.

The MPEP states: The Director may accept an unintentionally delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), or 365(a) or (b) in an application for patent filed on or after November 29, 2000, upon petition pursuant to 37 CFR 1.55(e).

It’s important to note that the petition must include a statement that the entire delay was unintentional, and you may need to provide additional evidence to support this claim.

What happens if a certified copy is not received within the time period set in 37 CFR 1.55(f)?

If a certified copy is not received within the time period set in 37 CFR 1.55(f), the USPTO will send a Notice of Allowance and Issue Fee Due (Notice of Allowance) with a requirement for the certified copy. As stated in the MPEP:

‘If a certified copy of the foreign application is not filed within the time period specified in 37 CFR 1.55(f) and the exceptions in 37 CFR 1.55(h), (i), and (j) are not applicable, the certified copy of the foreign application must be accompanied by a petition including a showing of good and sufficient cause for the delay and the petition fee set forth in 37 CFR 1.17(g).’

This means that if you miss the deadline, you’ll need to file a petition explaining the delay and pay an additional fee. It’s crucial to submit the certified copy or ensure it’s retrievable through the priority document exchange program to avoid complications in the patent application process.

The processing of a pre-AIA 37 CFR 1.47 application involves several steps:

1. A filing date is assigned if the application meets the requirements of 37 CFR 1.53(b).
2. A filing receipt is sent to the applicant.
3. The application or an electronic message about the petition is forwarded to the Office of Petitions.
4. If the papers are found acceptable, the Office of Petitions enters a decision in the file.
5. A notice is published in the Official Gazette with application details.
6. The USPTO notifies the nonsigning inventor(s) or legal representative(s) by letter.

As stated in the MPEP, When papers deposited pursuant to pre-AIA 37 CFR 1.47 are found acceptable, the Office of Petitions enters a decision to that effect in the file. A notice will be published in the Official Gazette identifying the application number, filing date, the title of the invention and the name(s) of the nonsigning inventor(s).

To learn more:

• pre-AIA
• 37 CFR 1.47
• patent application processing
• Office of Petitions
• Official Gazette

To learn more:

• 37 CFR 1.47

How do I correct an error in my foreign priority claim?

If you need to correct an error in your foreign priority claim, the process depends on the nature of the error and when it’s discovered. According to MPEP 214.01, “Applicant may correct the failure to adequately claim priority to the prior foreign application by amending the specification or submitting a new application data sheet (ADS) identifying the foreign application by application number, country (or intellectual property authority), and filing date.” Here are some key points to remember:

• If the error is discovered within the time period for filing the priority claim, you can simply submit a corrected ADS or amend the specification.
• If the error is discovered after the time period has expired, you may need to file a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim.
• For minor typographical errors, a request for a corrected filing receipt may be sufficient.

Always consult with a patent attorney or agent to determine the best course of action for your specific situation.

An inventor’s access to their patent application can be restricted, but it requires a specific process. According to MPEP 106, “Any request to prevent the inventor from obtaining access to the file should be filed as a separate paper, 37 CFR 1.4(c), and should be directed to the Office of Petitions.”

If the request is granted, the inventor will be informed that they can only inspect the application if they can show why such inspection is necessary to conserve their rights. It’s important to note that this restriction is temporary. Once the application is published under 35 U.S.C. 122(b), it becomes publicly available, and any previously granted restrictions on the inventor’s access will no longer be in effect.

For more information on inventor access, visit: inventor access.

For more information on Office of Petitions, visit: Office of Petitions.

While it’s uncommon, there is a process for restricting an inventor’s access to their patent application. According to MPEP 106:

Any request to prevent the inventor from obtaining access to the file should be filed as a separate paper, 37 CFR 1.4(c), and should be directed to the Office of Petitions. If the request is granted, the inventor will be informed that he or she will only be permitted to inspect the application on sufficient showing why such inspection is necessary to conserve his or her rights.

This process requires a specific request and justification. It’s important to note that such restrictions are temporary, as the MPEP also states, Of course, after the application has published pursuant to 35 U.S.C. 122(b), the application will be available to the public and any restriction on the inventor to access his or her application previously granted will no longer be in effect.

For more information on inventor access, visit: inventor access.

For more information on Office of Petitions, visit: Office of Petitions.

An applicant can request review of a refusal to accord a filing date by filing a petition. The MPEP states:

Any review of the refusal to grant a filing date as of the date of deposit of the application would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)). Petitioner should provide any arguments that he or she has that the items noted were not missing or that a filing date should be assigned in the absence of such items if they are believed to be unnecessary.

The petition should be marked to the attention of the Office of Petitions. If the applicant believes no defect exists, they may include a request for refund of the petition fee in the petition.

Yes, an assignee of record of the entire interest in a patent application can control access to it. According to MPEP 106, “The applicant or assignee of record of the entire interest in an application may file an application or intervene in the prosecution of the application, appointing an attorney or agent of his or her own choice.” This means that the assignee can manage the application’s prosecution and potentially limit access to it.

However, it’s important to note that “Such an application filing or intervention, however, does not exclude the inventor from access to the application to see that it is being prosecuted properly, unless the applicant or assignee makes specific request to that effect.” Any request to prevent the inventor’s access must be filed separately and directed to the Office of Petitions.

For more information on assignee rights, visit: assignee rights.

For more information on inventor access, visit: inventor access.

For more information on Office of Petitions, visit: Office of Petitions.

When an examiner receives a pre-AIA 37 CFR 1.47 application, they must follow these steps:

“When an examiner receives an application in which a petition under pre-AIA 37 CFR 1.47 has been filed, he or she must check the file to determine that the petition has been decided by the Office of Petitions. If the petition has not been decided by the Office of Petitions, the application, or an electronic message concerning the petition, must be forwarded to the Office of Petitions for appropriate action.”

In essence, the examiner must verify that the Office of Petitions has made a decision on the pre-AIA 37 CFR 1.47 petition. If not, the examiner must forward the application or relevant information to the Office of Petitions for further processing.

To learn more:

• pre-AIA 37 CFR 1.47
• patent examiner
• Office of Petitions

To learn more:

• pre-AIA 37 CFR 1.47

If you miss the deadline for filing a foreign priority claim, you may still have options:

• Unintentional delay: You can file a petition to accept an unintentionally delayed priority claim under 37 CFR 1.55(e). This petition must be filed within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application.
• Design applications: For design applications, you can file this petition up to the date of payment of the issue fee.

The MPEP states: The Director may accept an unintentionally delayed claim for priority under 35 U.S.C. 119(a)-(d) or (f), or 365(a) or (b) in an application for patent filed on or after November 29, 2000, upon petition pursuant to 37 CFR 1.55(e).

It’s important to note that the petition must include a statement that the entire delay was unintentional, and you may need to provide additional evidence to support this claim.

What happens if a certified copy is not received within the time period set in 37 CFR 1.55(f)?

If a certified copy is not received within the time period set in 37 CFR 1.55(f), the USPTO will send a Notice of Allowance and Issue Fee Due (Notice of Allowance) with a requirement for the certified copy. As stated in the MPEP:

‘If a certified copy of the foreign application is not filed within the time period specified in 37 CFR 1.55(f) and the exceptions in 37 CFR 1.55(h), (i), and (j) are not applicable, the certified copy of the foreign application must be accompanied by a petition including a showing of good and sufficient cause for the delay and the petition fee set forth in 37 CFR 1.17(g).’

This means that if you miss the deadline, you’ll need to file a petition explaining the delay and pay an additional fee. It’s crucial to submit the certified copy or ensure it’s retrievable through the priority document exchange program to avoid complications in the patent application process.

The processing of a pre-AIA 37 CFR 1.47 application involves several steps:

1. A filing date is assigned if the application meets the requirements of 37 CFR 1.53(b).
2. A filing receipt is sent to the applicant.
3. The application or an electronic message about the petition is forwarded to the Office of Petitions.
4. If the papers are found acceptable, the Office of Petitions enters a decision in the file.
5. A notice is published in the Official Gazette with application details.
6. The USPTO notifies the nonsigning inventor(s) or legal representative(s) by letter.

As stated in the MPEP, When papers deposited pursuant to pre-AIA 37 CFR 1.47 are found acceptable, the Office of Petitions enters a decision to that effect in the file. A notice will be published in the Official Gazette identifying the application number, filing date, the title of the invention and the name(s) of the nonsigning inventor(s).

To learn more:

• pre-AIA
• 37 CFR 1.47
• patent application processing
• Office of Petitions
• Official Gazette

To learn more:

• 37 CFR 1.47

How do I correct an error in my foreign priority claim?

If you need to correct an error in your foreign priority claim, the process depends on the nature of the error and when it’s discovered. According to MPEP 214.01, “Applicant may correct the failure to adequately claim priority to the prior foreign application by amending the specification or submitting a new application data sheet (ADS) identifying the foreign application by application number, country (or intellectual property authority), and filing date.” Here are some key points to remember:

• If the error is discovered within the time period for filing the priority claim, you can simply submit a corrected ADS or amend the specification.
• If the error is discovered after the time period has expired, you may need to file a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim.
• For minor typographical errors, a request for a corrected filing receipt may be sufficient.

Always consult with a patent attorney or agent to determine the best course of action for your specific situation.

An inventor’s access to their patent application can be restricted, but it requires a specific process. According to MPEP 106, “Any request to prevent the inventor from obtaining access to the file should be filed as a separate paper, 37 CFR 1.4(c), and should be directed to the Office of Petitions.”

If the request is granted, the inventor will be informed that they can only inspect the application if they can show why such inspection is necessary to conserve their rights. It’s important to note that this restriction is temporary. Once the application is published under 35 U.S.C. 122(b), it becomes publicly available, and any previously granted restrictions on the inventor’s access will no longer be in effect.

For more information on inventor access, visit: inventor access.

For more information on Office of Petitions, visit: Office of Petitions.

While it’s uncommon, there is a process for restricting an inventor’s access to their patent application. According to MPEP 106:

Any request to prevent the inventor from obtaining access to the file should be filed as a separate paper, 37 CFR 1.4(c), and should be directed to the Office of Petitions. If the request is granted, the inventor will be informed that he or she will only be permitted to inspect the application on sufficient showing why such inspection is necessary to conserve his or her rights.

This process requires a specific request and justification. It’s important to note that such restrictions are temporary, as the MPEP also states, Of course, after the application has published pursuant to 35 U.S.C. 122(b), the application will be available to the public and any restriction on the inventor to access his or her application previously granted will no longer be in effect.

For more information on inventor access, visit: inventor access.

For more information on Office of Petitions, visit: Office of Petitions.

An applicant can request review of a refusal to accord a filing date by filing a petition. The MPEP states:

Any review of the refusal to grant a filing date as of the date of deposit of the application would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)). Petitioner should provide any arguments that he or she has that the items noted were not missing or that a filing date should be assigned in the absence of such items if they are believed to be unnecessary.

The petition should be marked to the attention of the Office of Petitions. If the applicant believes no defect exists, they may include a request for refund of the petition fee in the petition.

Yes, an assignee of record of the entire interest in a patent application can control access to it. According to MPEP 106, “The applicant or assignee of record of the entire interest in an application may file an application or intervene in the prosecution of the application, appointing an attorney or agent of his or her own choice.” This means that the assignee can manage the application’s prosecution and potentially limit access to it.

However, it’s important to note that “Such an application filing or intervention, however, does not exclude the inventor from access to the application to see that it is being prosecuted properly, unless the applicant or assignee makes specific request to that effect.” Any request to prevent the inventor’s access must be filed separately and directed to the Office of Petitions.

For more information on assignee rights, visit: assignee rights.

For more information on inventor access, visit: inventor access.

For more information on Office of Petitions, visit: Office of Petitions.