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…
Read MoreCan 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…
Read MoreHow 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 Unpublished pending application sequences are maintained in the database separately from published or patented sequences.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,…
Read MoreHow does the USPTO handle confidentiality in material fraud cases?
How does the USPTO handle confidentiality in material fraud cases? The USPTO treats potential material fraud cases with strict confidentiality. According to MPEP 2819: “In order to preserve the confidentiality of any investigation… the employee or program should not discuss the matter with any other employees not having a need to know the information.” This…
Read MoreCan 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…
Read MoreHow are protests handled for unpublished patent applications?
For unpublished patent applications, the handling of protests differs from published applications. According to MPEP 1901.05: “If a protest is filed in a reissue application or if a protest is filed in an application where the existence of the application is not public, e.g., an application that has not been published, the return postcard receipt…
Read MoreHow 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…
Read MoreWhat constitutes public use when an inventor allows another to use the invention?
When an inventor allows another person to use the invention, it may constitute public use under pre-AIA 35 U.S.C. 102(b) if certain conditions are met. The MPEP provides guidance on this issue: “‘Public use’ of a claimed invention under pre-AIA 35 U.S.C. 102(b) occurs when the inventor allows another person to use the invention without…
Read MoreAre 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…
Read MoreIs the identity of the person filing an ex parte reexamination request confidential?
No, the identity of the person filing an ex parte reexamination request is not kept confidential. MPEP 2212 explicitly states: “The name of the person who files the request will not be maintained in confidence.“ This means that when someone files a request for ex parte reexamination, their identity becomes part of the public record.…
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