Why are interferences not declared for applications under secrecy orders?

Interferences are not declared for applications under secrecy orders primarily due to confidentiality concerns. The MPEP 2306 explains: “Once an interference is declared, an opposing party is entitled to access to the application and benefit applications pursuant to 37 CFR 41.109. See MPEP ยง 2307.02. Consequently, an interference should not be suggested for an application…

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Can USPTO examiners discuss the consideration of specific evidence in a concluded supplemental examination?

No, USPTO examiners should not discuss the consideration of specific evidence in concluded supplemental examinations with external parties. The MPEP 2803.01 clearly states: “Employees of the Office, particularly CRU examiners who have conducted a supplemental examination proceeding that has been concluded, should not discuss or answer inquiries from any person outside the Office as to…

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How does the USPTO handle confidentiality of sequence data in pending applications?

The USPTO maintains strict confidentiality of sequence data in pending applications, in compliance with 35 U.S.C. 122. The MPEP clarifies: It should be noted that the Office’s database complies with the confidentiality requirement imposed by 35 U.S.C. 122. Unpublished pending application sequences are maintained in the database separately from published or patented sequences. That is,…

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Can I submit prior art to the USPTO anonymously?

Yes, you can submit prior art to the USPTO anonymously. MPEP 2203 explicitly states: If a person citing prior art or written statements desires his or her identity to be kept confidential, such a person need not identify himself or herself. However, there are some important considerations: If you’re submitting anonymously, you should not identify…

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How are pending U.S. patent applications treated in terms of confidentiality and prior art?

Pending U.S. patent applications are generally kept confidential, but there are important exceptions and considerations: Most pending applications are preserved in confidence as per 37 CFR 1.14(a). Exceptions include published applications, reissue applications, and applications where public inspection has been granted. Applications with common assignees or inventors may be used for certain rejections, even if…

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Are internal company documents considered “printed publications”?

Generally, internal company documents are not considered “printed publications” if they are intended to remain confidential. The MPEP 2128.01 states: “Documents and items only distributed internally within an organization which are intended to remain confidential are not ‘printed publications’ no matter how many copies are distributed.” However, it’s important to note that there must be…

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