Patent Law FAQ

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 An application shall not be published if it is: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.

While most patent application files are available for public inspection, there are several exceptions:

• Pending or abandoned applications that have not been published under 35 U.S.C. 122(b)
• Applications subject to a secrecy order
• Provisional applications
• Applications that have been terminated or denied and are no longer open to public inspection
• Interference files, until judgment is entered (subject to certain exceptions)
• Applications for extension of patent term and any related submissions
• Certain trade secret, proprietary, and protective order materials

These exceptions are in place to protect confidential information and maintain the integrity of the patent application process.

While most patent application files are available for public inspection, there are some exceptions:

• Pending or abandoned applications that have not been published
• Applications subject to secrecy orders
• Certain international applications
• Applications for which the United States is not a designated country
• Information that would violate personal privacy or proprietary rights

These exceptions help protect sensitive information and maintain confidentiality in specific cases.

Yes, there are two exceptions to the patent ownership restrictions for USPTO employees:

1. Inheritance
2. Bequest

According to 35 U.S.C. 4:

‘Officers and employees of the Patent and Trademark Office shall be incapable, during the period of their appointments and for one year thereafter, of… acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent, issued or to be issued by the Office.’

This means that USPTO employees can acquire patents or interests in patents through inheritance or bequest, even during their employment or the one-year period after.

Yes, there are two exceptions to the patent ownership restrictions for USPTO employees:

1. Inheritance
2. Bequest

According to 35 U.S.C. 4:

‘Officers and employees of the Patent and Trademark Office shall be incapable, during the period of their appointments and for one year thereafter, of… acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent, issued or to be issued by the Office.’

This means that USPTO employees can acquire patents or interests in patents through inheritance or bequest, even during their employment or the one-year period after.

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.

While most patent application files are available for public inspection, there are several exceptions:

• Pending or abandoned applications that have not been published under 35 U.S.C. 122(b)
• Applications subject to a secrecy order
• Provisional applications
• Applications that have been terminated or denied and are no longer open to public inspection
• Interference files, until judgment is entered (subject to certain exceptions)
• Applications for extension of patent term and any related submissions
• Certain trade secret, proprietary, and protective order materials

These exceptions are in place to protect confidential information and maintain the integrity of the patent application process.

While most patent application files are available for public inspection, there are some exceptions:

• Pending or abandoned applications that have not been published
• Applications subject to secrecy orders
• Certain international applications
• Applications for which the United States is not a designated country
• Information that would violate personal privacy or proprietary rights

These exceptions help protect sensitive information and maintain confidentiality in specific cases.

Yes, there are two exceptions to the patent ownership restrictions for USPTO employees:

1. Inheritance
2. Bequest

According to 35 U.S.C. 4:

‘Officers and employees of the Patent and Trademark Office shall be incapable, during the period of their appointments and for one year thereafter, of… acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent, issued or to be issued by the Office.’

This means that USPTO employees can acquire patents or interests in patents through inheritance or bequest, even during their employment or the one-year period after.

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.

While most patent application files are available for public inspection, there are several exceptions:

• Pending or abandoned applications that have not been published under 35 U.S.C. 122(b)
• Applications subject to a secrecy order
• Provisional applications
• Applications that have been terminated or denied and are no longer open to public inspection
• Interference files, until judgment is entered (subject to certain exceptions)
• Applications for extension of patent term and any related submissions
• Certain trade secret, proprietary, and protective order materials

These exceptions are in place to protect confidential information and maintain the integrity of the patent application process.

While most patent application files are available for public inspection, there are some exceptions:

• Pending or abandoned applications that have not been published
• Applications subject to secrecy orders
• Certain international applications
• Applications for which the United States is not a designated country
• Information that would violate personal privacy or proprietary rights

These exceptions help protect sensitive information and maintain confidentiality in specific cases.

Yes, there are two exceptions to the patent ownership restrictions for USPTO employees:

1. Inheritance
2. Bequest

According to 35 U.S.C. 4:

‘Officers and employees of the Patent and Trademark Office shall be incapable, during the period of their appointments and for one year thereafter, of… acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent, issued or to be issued by the Office.’

This means that USPTO employees can acquire patents or interests in patents through inheritance or bequest, even during their employment or the one-year period after.