What is the time period for an applicant to respond to a formal request for a property rights statement made under the Atomic Energy Act or National Aeronautics and Space Act?
When the USPTO makes a formal request for a property rights statement in accordance with 42 U.S.C. 2182 (DOE) or 51 U.S.C. 20135 (NASA), the applicant has a 30-day statutory period to respond. There is no provision for an extension of this 30-day time period. As stated in MPEP 150, “If no proper and timely…
Read MoreWhen must an applicant file a statement regarding property rights in an invention with the USPTO if the invention appears to have significant utility in the conduct of aeronautical and space activities?
If an invention appears to the USPTO Director to have significant utility in the conduct of aeronautical and space activities, the applicant must file a written statement with the USPTO Director with the patent application or within 30 days after request by the Director. The statement must be executed under oath setting forth the full…
Read MoreWhat types of patent applications must be reported to the Department of Energy (DOE)?
Applications for patents which appear to disclose, purport to disclose or do disclose inventions or discoveries relating to atomic energy must be reported to the Department of Energy, which will be given access to the applications. As stated in 37 CFR 1.14(d), “Such reporting does not constitute a determination that the subject matter of each…
Read MoreWhat should be done with papers pertaining to property rights under the Atomic Energy Act or National Aeronautics and Space Act?
Papers related to property rights under the Atomic Energy Act or National Aeronautics and Space Act require special handling. According to MPEP 150: Any papers pertaining to property rights under section 152 of the Atomic Energy Act, 42 U.S.C. 2182, (DOE), or section 305(c) or the National Aeronautics and Space Act, 42 U.S.C. 2457, (NASA),…
Read MoreHow are defective property rights statements handled by the USPTO?
The USPTO has a process for handling defective property rights statements submitted in response to DOE or NASA review requests. According to MPEP 150: If the statement submitted during this period is defective, another letter is sent from Licensing and Review detailing the deficiencies and giving applicant another opportunity to respond during this period of…
Read MoreAre provisional applications subject to DOE or NASA property rights review?
No, provisional applications are not subject to Department of Energy (DOE) or NASA property rights review. According to MPEP 150: Provisional applications are not subject to DOE or NASA property rights review. This means that inventors filing provisional applications do not need to submit property rights statements to DOE or NASA at the time of…
Read MoreWhat happens if an applicant fails to respond to a request for a property rights statement?
If an applicant fails to respond to a request for a property rights statement, there can be serious consequences for the patent application. According to MPEP 150: If no proper and timely statement is received, the application will be held abandoned and the applicant so notified. The process typically involves: An initial informal request (45-Day…
Read MoreWhen should property rights statements to DOE or NASA be filed?
According to MPEP 150, property rights statements to DOE or NASA can be filed at any time, but they should be kept up-to-date to reflect accurate property rights at the time of application allowance. The MPEP states: Property rights statements to DOE or NASA may be filed at any time but should be updated if…
Read MoreWhat are the requirements for patent applications related to aeronautical and space activities?
For inventions related to aeronautical and space activities, applicants must file a statement with specific information if requested by the USPTO. According to 51 U.S.C. 20135: No patent may be issued to any applicant other than the Administrator for any invention which appears to the Under Secretary of Commerce for Intellectual Property and Director of…
Read MoreWhat is the purpose of reporting patent applications to the Department of Energy (DOE)?
Patent applications that appear to disclose, purport to disclose, or do disclose inventions or discoveries relating to atomic energy are reported to the Department of Energy. The purpose is to allow the DOE access to these applications for review. As stated in MPEP 150: Applications for patents which appear to disclose, purport to disclose or…
Read More