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 120-Secrecy Orders (1)
MPEP 400 - Representative of Applicant or Owner (1)
A patent examiner may suggest hiring a patent practitioner under specific circumstances, as outlined in MPEP 401:
“If patentable subject matter appears to be disclosed in a pro se application and it is apparent that the applicant is unfamiliar with the proper preparation and prosecution of patent applications, the examiner may suggest to the applicant that it may be desirable to employ a registered patent attorney or agent.”
However, the examiner should not suggest hiring a practitioner if the application appears to contain no patentable subject matter. The MPEP provides a form paragraph (4.10) for examiners to use when making this suggestion.
MPEP 401 - U.S. Patent and Trademark Office Cannot Aid in Selection of Patent Practitioner (1)
A patent examiner may suggest hiring a patent practitioner under specific circumstances, as outlined in MPEP 401:
“If patentable subject matter appears to be disclosed in a pro se application and it is apparent that the applicant is unfamiliar with the proper preparation and prosecution of patent applications, the examiner may suggest to the applicant that it may be desirable to employ a registered patent attorney or agent.”
However, the examiner should not suggest hiring a practitioner if the application appears to contain no patentable subject matter. The MPEP provides a form paragraph (4.10) for examiners to use when making this suggestion.
Patent Law (2)
A patent examiner may suggest hiring a patent practitioner under specific circumstances, as outlined in MPEP 401:
“If patentable subject matter appears to be disclosed in a pro se application and it is apparent that the applicant is unfamiliar with the proper preparation and prosecution of patent applications, the examiner may suggest to the applicant that it may be desirable to employ a registered patent attorney or agent.”
However, the examiner should not suggest hiring a practitioner if the application appears to contain no patentable subject matter. The MPEP provides a form paragraph (4.10) for examiners to use when making this suggestion.
A Secrecy Order applies to the subject matter of the invention, not just the patent application itself. It restricts disclosure or publication of the invention in any form. Other related patent applications which contain any significant part of the subject matter also fall under the scope of the order and must be brought to the USPTO’s attention. (MPEP 120 Section II)
Patent Procedure (1)
A patent examiner may suggest hiring a patent practitioner under specific circumstances, as outlined in MPEP 401:
“If patentable subject matter appears to be disclosed in a pro se application and it is apparent that the applicant is unfamiliar with the proper preparation and prosecution of patent applications, the examiner may suggest to the applicant that it may be desirable to employ a registered patent attorney or agent.”
However, the examiner should not suggest hiring a practitioner if the application appears to contain no patentable subject matter. The MPEP provides a form paragraph (4.10) for examiners to use when making this suggestion.