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 110-Confidential Nature of International Applications (1)
Third parties cannot access an international patent application until the earliest of:
- The international publication date
- Date of receipt of the communication of the application under PCT Article 20
- Date of receipt of a copy of the application under PCT Article 22
This is specified in PCT Article 30(2)(a):
“No national Office shall allow access to the international application by third parties, unless requested or authorized by the applicant, before the earliest of the following dates: (i) date of the international publication of the international application, (ii) date of receipt of the communication of the international application under Article 20, (iii) date of receipt of a copy of the international application under Article 22.”
MPEP 400 - Representative of Applicant or Owner (1)
No, a third party or its representative cannot use the provisions of 37 CFR 1.34 to conduct an interview or take other actions not specifically permitted by the rules of practice. MPEP 405 states:
The use of the provisions of 37 CFR 1.34 by a third party or its representative to conduct an interview, or take other action not specifically permitted by the rules of practice in an application for patent, is considered a violation of 37 CFR 11.18 and may result in disciplinary action if done by a practitioner.
This means that attempting to use 37 CFR 1.34 for unauthorized actions could lead to disciplinary consequences for registered practitioners.
MPEP 405 - Interviews With Patent Practitioner Not of Record (1)
No, a third party or its representative cannot use the provisions of 37 CFR 1.34 to conduct an interview or take other actions not specifically permitted by the rules of practice. MPEP 405 states:
The use of the provisions of 37 CFR 1.34 by a third party or its representative to conduct an interview, or take other action not specifically permitted by the rules of practice in an application for patent, is considered a violation of 37 CFR 11.18 and may result in disciplinary action if done by a practitioner.
This means that attempting to use 37 CFR 1.34 for unauthorized actions could lead to disciplinary consequences for registered practitioners.
Patent Law (2)
Third parties cannot access an international patent application until the earliest of:
- The international publication date
- Date of receipt of the communication of the application under PCT Article 20
- Date of receipt of a copy of the application under PCT Article 22
This is specified in PCT Article 30(2)(a):
“No national Office shall allow access to the international application by third parties, unless requested or authorized by the applicant, before the earliest of the following dates: (i) date of the international publication of the international application, (ii) date of receipt of the communication of the international application under Article 20, (iii) date of receipt of a copy of the international application under Article 22.”
No, a third party or its representative cannot use the provisions of 37 CFR 1.34 to conduct an interview or take other actions not specifically permitted by the rules of practice. MPEP 405 states:
The use of the provisions of 37 CFR 1.34 by a third party or its representative to conduct an interview, or take other action not specifically permitted by the rules of practice in an application for patent, is considered a violation of 37 CFR 11.18 and may result in disciplinary action if done by a practitioner.
This means that attempting to use 37 CFR 1.34 for unauthorized actions could lead to disciplinary consequences for registered practitioners.
Patent Procedure (1)
No, a third party or its representative cannot use the provisions of 37 CFR 1.34 to conduct an interview or take other actions not specifically permitted by the rules of practice. MPEP 405 states:
The use of the provisions of 37 CFR 1.34 by a third party or its representative to conduct an interview, or take other action not specifically permitted by the rules of practice in an application for patent, is considered a violation of 37 CFR 11.18 and may result in disciplinary action if done by a practitioner.
This means that attempting to use 37 CFR 1.34 for unauthorized actions could lead to disciplinary consequences for registered practitioners.