How 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…
Read MoreWhat are the exceptions to public inspection of patent application files?
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…
Read MoreWhat are the exceptions to public access of patent application files?
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…
Read MoreHow can I make a Freedom of Information Act (FOIA) request for USPTO records?
To make a Freedom of Information Act (FOIA) request for USPTO records: Submit a written request to the USPTO FOIA Officer: Address: United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450 Mark the letter and envelope ‘Freedom of Information Act Request’ Describe the requested records in detail: Include specific information such as…
Read MoreWhat is the Image File Wrapper (IFW) system and how does it affect public access to patent applications?
The Image File Wrapper (IFW) system is an electronic system used by the USPTO to store and process patent application files. Key points about the IFW system and its impact on public access include: Paper components of application files are scanned to create electronic image files For IFW applications, the electronic file is the Official…
Read MoreWhat patent application files are open to public inspection?
According to 37 CFR 1.11(a), the following patent application files are open to public inspection: Published applications Patents Statutory invention registrations The public can obtain copies of these files upon payment of the fee set forth in 37 CFR 1.19(b)(2). However, if an application was published in redacted form, the complete file may not be…
Read MoreHow can I petition for access to a confidential patent application?
To petition for access to a confidential patent application, you must file a petition under 37 CFR 1.14(i), which requires: Payment of the petition fee set forth in 37 CFR 1.17(g) A showing that access to the application is necessary to carry out an Act of Congress or that special circumstances exist which warrant petitioner…
Read MoreWhat information is available about reexamination proceedings?
Information about reexamination proceedings is made available to the public in several ways: Announcement in the Official Gazette: The filing of each request for reexamination (where the full fee has been paid) is announced Reexaminations ordered at the Director’s initiative are also announced Public inspection of reexamination files: Once scanned into the Image File Wrapper…
Read MoreWhat is a ‘file wrapper’?
A ‘file wrapper’ refers to the official record of proceedings in the United States Patent and Trademark Office (USPTO) for a particular patent application or granted patent. It contains all the documents and correspondence related to the prosecution of the application or maintenance of the patent. This includes the original application, Office actions, applicant responses,…
Read MoreCan a partial assignee or licensee inspect a patent application?
Yes, according to MPEP 106.01, an assignee of a part interest or a licensee of exclusive right is entitled to inspect the patent application. The MPEP states: ‘an assignee of a part interest or a licensee of exclusive right is entitled to inspect the application.’ This right to inspection is distinct from the right to…
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