What information can be disclosed about unpublished patent applications?
The USPTO has strict rules about what information can be disclosed regarding unpublished patent applications. According to 37 CFR 1.14(a)(2), only limited status information may be communicated to the public if the application is identified in a published patent document or in another application. This status information includes: Whether the application is pending, abandoned, or…
Read MoreWhat are the statutory requirements for handling patent applications and related documents?
35 U.S.C. 122 and 18 U.S.C. 2071 impose statutory requirements which cover the handling of patent applications and related documents. As explained in MPEP 101: “35 U.S.C. 122 and 18 U.S.C. 2071 impose statutory requirements which cover the handling of patent applications and related documents. Suspension, removal, and even criminal penalties may be imposed for…
Read MoreCan the publication or issue date of a pending patent application be disclosed over the phone?
According to MPEP 101, particular care must be taken when a caller requests the publication date or issue date assigned to a pending patent application: “If the publication or issue date is later than the current date (i.e., the date of the request), such information may be given only to the applicant, an inventor, the…
Read MoreWhat are the exceptions to the 18-month publication rule for patent applications?
While the American Inventors Protection Act (AIPA) introduced the 18-month publication rule, there are several exceptions to this requirement. According to MPEP 901.03, an application shall not be published if it falls under any of the following categories: (A) no longer pending; (B) subject to a secrecy order under 35 U.S.C. 181; (C) a provisional…
Read MoreWhat is the confidentiality status of patent applications?
Patent applications are generally kept confidential by the USPTO until they are published or granted. As stated in 35 U.S.C. 122(a): “Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner…
Read MoreWhat information about patent applications can be disclosed to the public?
The USPTO can disclose limited information about patent applications to the public, as outlined in 37 CFR 1.14(a)(2): Whether the application is pending, abandoned, or patented Whether the application has been published The application’s numerical identifier Whether another application claims benefit of the application This information can only be disclosed if the application is identified…
Read MoreWhen are patent applications published?
Patent applications are generally published 18 months after the earliest filing date, with some exceptions. According to 35 U.S.C. 122(b)(1)(A): “Subject to paragraph (2), each application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date…
Read MoreWhat are the penalties for unauthorized disclosure of patent application information?
Unauthorized disclosure of patent application information can result in severe penalties for USPTO employees. According to the MPEP: “Suspension, removal, and even criminal penalties may be imposed for violations of these statutes.” The relevant statutes include 35 U.S.C. 122 and 18 U.S.C. 2071. Additionally, 18 U.S.C. 2071 states that individuals who willfully and unlawfully conceal,…
Read MoreHow does the USPTO handle telephone and in-person requests for patent application information?
The USPTO follows a strict procedure for handling telephone and in-person requests for information about unpublished pending or abandoned patent applications: Obtain the caller’s full name, application number, and telephone number Verify the caller’s identity and authority to receive information Check Patent Data Portal or the application file to verify releasable information Return the call…
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