Does restricting inventor access to a patent application continue after the application publishes?
No, once a patent application publishes under 35 U.S.C. 122(b), it becomes available to the public. At that point, any previous grant restricting the inventor’s access to the application file is no longer in effect. Of course, after the application has published pursuant to 35 U.S.C. 122(b), the application will be available to the public…
Read MoreHow should national security classified patent applications be filed with the USPTO?
National security classified patent applications may be filed with the USPTO in the following ways: Hand-carried to Licensing and Review Mailed to the USPTO in compliance with 37 CFR 5.1(a) and Executive Order 13526 Filed via the Department of Defense Secret Internet Protocol Router Network (SIPRNET) – these will be considered filed via the USPTO…
Read MoreHow can I access published patent applications?
Published patent applications are accessible electronically through various means: On the USPTO website Via Patent Center for status information Through Image File Wrapper (IFW) system for scanned applications As stated in the MPEP, “Published applications that have been scanned into the Image File Wrapper (IFW) system may be available electronically via Patent Center. See 37…
Read MoreWhat happens if a defense agency determines an invention disclosed in a patent application would be detrimental to national security?
If a defense agency concludes that disclosure of the invention would be detrimental to national security, they will recommend a secrecy order to the Commissioner for Patents. The Commissioner will then issue the secrecy order and withhold publication of the application or granting of a patent for as long as the national interest requires. “If…
Read MoreCan an applicant or assignee prevent the inventor from accessing the patent application file?
Yes, the applicant or assignee of record of the entire interest in an application can make a specific request to prevent the inventor from obtaining access to the application file. This request should be filed as a separate paper under 37 CFR 1.4(c) and directed to the Office of Petitions. If granted, the inventor will…
Read MoreWhat is the purpose of reviewing patent applications for national security and property rights issues?
All provisional applications filed under 35 U.S.C. 111(b), nonprovisional applications filed under 35 U.S.C. 111(a), international applications filed under the PCT, and international design applications filed under the Hague Agreement are reviewed by the USPTO for three main purposes: To determine if a foreign filing license can be granted under 35 U.S.C. 184 To identify…
Read MoreHow can I petition for access to a pending application?
Any interested party may file a petition, accompanied by the petition fee, to the Director for access to an application. The petition may be filed either with proof of service of copy upon the applicant, or the petition may be filed in duplicate, in which case the duplicate copy will be sent by the Office…
Read MoreHow can I access patent application information that is not available through Public PAIR?
For patent application information not available through Public PAIR, you can submit a request to the USPTO under the Freedom of Information Act (FOIA). Here’s how to proceed: Submit a written request to the USPTO’s FOIA Officer. Clearly identify the records you’re seeking. Explain why you believe the information should be disclosed if it’s not…
Read MoreCan I access a pending unpublished patent application?
Access to pending unpublished patent applications is generally restricted. However, according to 37 CFR 1.14(a)(1)(v) and (vi), there are some circumstances where a copy of the file contents or the application as originally filed may be provided: If the benefit of the application is claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in…
Read MoreHow can I access a reissue application file?
Reissue application files are generally open to public inspection. According to 37 CFR 1.11(b): Reissue applications are open to inspection by the general public The filing of reissue applications (except for continued prosecution applications under 37 CFR 1.53(d)) is announced in the Official Gazette The announcement includes details such as filing date, reissue application and…
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