How can an inventor’s access to their patent application be restricted?
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…
Read MoreWhat happens to application access restrictions after publication?
Access restrictions on patent applications change significantly after publication. According to MPEP 106, “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.” This means…
Read MoreHow does the filing date affect assignee prosecution rights?
The filing date of a patent application can affect the prosecution rights of assignees. MPEP 106.01 distinguishes between applications filed before and after September 16, 2012: For applications filed before September 16, 2012: See MPEP § 324 for information on prosecution by the assignee. For applications filed on or after September 16, 2012: See MPEP…
Read MoreWhat is a Secrecy Order and when is it issued?
A Secrecy Order is a directive issued by the Commissioner for Patents to keep an invention secret and withhold the publication of a patent application or the grant of a patent. It is issued when: A defense agency concludes that disclosure of the invention would be detrimental to national security The agency recommends a Secrecy…
Read MoreHow are national security classified patent applications handled by the USPTO?
National security classified patent applications require special handling by the USPTO. The MPEP states that: National security classified documents filed in the USPTO must be either hand-carried to Licensing and Review or mailed to the Office in compliance with37 CFR 5.1(a)and Executive Order 13526 of December 29, 2009. However, the USPTO has made provisions for…
Read MoreHow does the USPTO handle foreign language provisional applications in the screening process?
The USPTO has specific procedures for handling foreign language provisional applications during the screening process. According to the MPEP: Provisional applications filed in a foreign language are also screened under these provisions. The Office will make an attempt to determine the subject matter of the application, but the applicant may be required to provide at…
Read MoreWhat is the role of patent examiners in identifying sensitive subject matter in patent applications?
While the initial screening for sensitive subject matter is performed by designated personnel, patent examiners also play a crucial role in this process. The MPEP states: While the initial screening is performed only by designated personnel, all examiners have a responsibility to be alert for obviously sensitive subject matter either in the original disclosure or…
Read MoreHow does the USPTO handle applications with government property interests?
The USPTO has specific procedures for handling applications in which the government may have a property interest. According to the MPEP: For those applications in which the Government has a property interest (including applications indicating national security classified subject matter), responsibility for notifying the Commissioner for Patents of the need for a Secrecy Order resides…
Read MoreWhat is the process for obtaining a foreign filing license for a patent application?
To obtain a foreign filing license for a patent application, you need to file a petition under 37 CFR 5.12(b). This petition is decided by the Director of the Technology Center who Oversees Licensing and Review. As stated in MPEP 1002.02(c)(1): “Petitions under 37 CFR 5.12(b) for foreign license to file patent applications in foreign…
Read MoreHow does the USPTO ensure that applications are cleared from secrecy review before issuance?
The USPTO has a specific process to ensure that all applications are cleared from secrecy review before they are issued as patents. According to the MPEP: All applications are required to be cleared from secrecy review before forwarding to issue. If the L&R code on the general information display does not equal 1, then in…
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