What is the confidential nature of international patent applications?
International patent applications are kept confidential before their international publication, as specified in MPEP 110. According to PCT Article 30, the International Bureau and the International Searching Authorities shall not allow access by any person or authority to the international application before the international publication of that application, unless requested or authorized by the applicant.…
Read MoreWhen can national offices allow access to international patent applications?
National offices have specific restrictions on allowing access to international patent applications. According to MPEP 110, which cites 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: Date of international publication Date of receipt…
Read MoreWhat information can national offices disclose about international patent applications?
While national offices are generally restricted from allowing access to international patent applications, they can disclose limited information. According to MPEP 110, which cites PCT Article 30(2)(b), national offices may inform third parties that they have been designated and publish this fact. However, such information or publication is limited to: Identification of the receiving Office…
Read MoreHow does the USPTO handle confidentiality for international applications filed in the United States?
The United States Patent and Trademark Office (USPTO) has specific procedures for maintaining the confidentiality of international applications filed in the U.S. According to MPEP 110, which references 35 U.S.C. 368, International applications filed in the Patent and Trademark Office shall be subject to the provisions of chapter 17. This means that such applications are…
Read MoreWhen does the USPTO make international application files available to the public?
The USPTO has specific rules for making international application files available to the public. According to MPEP 110, which cites 37 CFR 1.14(g), After publication of an application under 35 U.S.C. 122(b), the USPTO will make available copies of the application files and also allow for access to those files in accordance with 37 CFR…
Read MoreCan a national patent office publish information about an international application before international publication?
A national patent office may inform third parties that it has been designated in an international application and publish that fact. However, the publication can only contain limited bibliographic data, as specified in PCT Article 30(2)(b): “Such information or publication may, however, contain only the following data: identification of the receiving Office, name of the…
Read MoreWhat is the confidential nature of international patent applications under the Patent Cooperation Treaty (PCT)?
International patent applications filed under the PCT are generally kept confidential and not made publicly available before international publication, which occurs soon after the expiration of 18 months from the priority date, according to PCT Article 21(2)(a). The International Bureau and International Searching Authorities are not allowed to give access to the application to any…
Read MoreWhen can third parties access an international patent application?
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…
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