What happens if copending applications have no common inventor, applicant, or assignee?
When copending applications have no common inventor, applicant, or assignee, the treatment differs. MPEP 2154.01(d) states: “If there is no common assignee, common applicant, or common (joint) inventor and the application was not published pursuant to 35 U.S.C. 122(b), the confidential status of applications under 35 U.S.C. 122(a) must be maintained and no rejection can…
Read MoreCan information submitted for patent term extension be kept confidential?
Generally, information submitted for patent term extension applications cannot be kept entirely confidential. MPEP 2760 states: “While one submitting such materials to the Office in relation to a pending application for patent term extension must generally assume that such materials will be made of record in the file and be made public, the Office is…
Read MoreCan citations be submitted anonymously to the USPTO?
Yes, citations can be submitted anonymously to the USPTO if the person making the submission wishes to keep their identity confidential. According to 37 CFR 1.501(d), as referenced in MPEP 2202: “If the person making the submission wishes his or her identity to be excluded from the patent file and kept confidential, the submission papers…
Read MoreWho can access deposited biological material during the pendency of a patent application?
According to MPEP 2410.01, access to deposited biological material during the pendency of a patent application is limited to those determined by the Commissioner to be entitled under specific regulations. The MPEP states: Access to the deposit will be available during pendency of the patent application making reference to the deposit to one determined by…
Read MoreCan certain information be omitted from international publication?
Yes, certain information can be omitted from international publication under specific circumstances. According to PCT Rule 48.2(l), the International Bureau may omit information from publication upon a reasoned request by the applicant if it finds that: The information doesn’t obviously serve the purpose of informing the public about the international application; Publication would clearly prejudice…
Read MoreWhat are the guidelines for Internet searching in patent examination?
The USPTO has established guidelines for Internet searching during patent examination, as outlined in the Manual of Patent Examining Procedure (MPEP). Key points include: The Internet is an approved search tool for patent examiners. Searches for unpublished applications must be limited to the general state of the art to protect confidential information. For published applications,…
Read MoreWhat is the confidentiality status of unpublished patent applications?
Unpublished patent applications are generally kept confidential by the USPTO. As stated in 37 CFR 1.14(a): “Patent applications that have not been published under 35 U.S.C. 122(b) are generally preserved in confidence pursuant to 35 U.S.C. 122(a). Information concerning the filing, pendency, or subject matter of an application for patent, including status information, and access…
Read MoreWhat are the confidentiality requirements for Internet use by patent examiners?
Patent examiners must adhere to strict confidentiality requirements when using the Internet for patent examination. The MPEP emphasizes: “All use of the Internet by examiners must be conducted in a manner that ensures compliance with confidentiality requirements in the statutes, including 35 U.S.C. § 122, and regulations.” Key confidentiality requirements include: Restricting search queries for…
Read MoreHow does the Director of International Patent Legal Administration handle requests for confidentiality of international applications?
The Director of International Patent Legal Administration is responsible for handling requests related to the confidentiality of international applications. Specifically, they decide on: Petitions for express abandonment to avoid publication of international applications Petitions to review decisions refusing to publish international applications This is stated in MPEP 1002.02(p): “The Director of International Patent Legal Administration…
Read MoreWhat is the general rule regarding the confidentiality of pending U.S. patent applications?
Generally, pending U.S. patent applications that have not been published are preserved in confidence and are not available as references. This rule is outlined in MPEP 901.03, which states: “Except as provided in 37 CFR 1.11(b), 37 CFR 1.14(a)(1)(v) and 37 CFR 1.14(a)(1)(vi), pending U.S. applications which have not been published are generally preserved in…
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