How are materials submitted under MPEP § 724.02 treated in applications covered by 35 U.S.C. 122?
Materials submitted under MPEP § 724.02 in applications covered by 35 U.S.C. 122 are treated as follows: The materials are kept in a sealed envelope marked “Not Open To The Public”. They are not publicly available until a determination is made regarding their materiality to patentability. After publication under 35 U.S.C. 122(b)(1), the materials are…
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 MoreHow does filing a CPA affect confidentiality under 35 U.S.C. 122?
Filing a Continued Prosecution Application (CPA) has implications for the confidentiality of the application under 35 U.S.C. 122: Filing a CPA is construed as a waiver of confidentiality to a certain extent Members of the public entitled to access the prior application may be given similar access to the CPA and other related applications This…
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