Can a national patent office publish information about an international application before international publication?
A national patent office may inform third parties that it has been designated in an international application and publish that fact. However, the publication can only contain limited bibliographic data, as specified in PCT Article 30(2)(b): “Such information or publication may, however, contain only the following data: identification of the receiving Office, name of the…
Read MoreWhat is the confidential nature of international patent applications under the Patent Cooperation Treaty (PCT)?
International patent applications filed under the PCT are generally kept confidential and not made publicly available before international publication, which occurs soon after the expiration of 18 months from the priority date, according to PCT Article 21(2)(a). The International Bureau and International Searching Authorities are not allowed to give access to the application to any…
Read MoreWho can grant access to inspect a pending or abandoned patent application filed on or after September 16, 2012?
For applications filed on or after September 16, 2012, the following parties can provide written authority to grant access to inspect a pending or abandoned application kept in confidence under 35 U.S.C. 122(a), except as provided in 37 CFR 1.11, 1.14, 41.6, or 42.412: The applicant A patent practitioner of record The assignee or an…
Read MoreWhat is priority in patent applications?
Priority in patent applications refers to the ability of a later-filed application to claim the benefit of, or priority to, an earlier-filed application. This allows the later application to effectively have the filing date of the earlier application for certain purposes. According to the MPEP, “Under certain conditions and on fulfilling certain requirements, a later-filed…
Read MoreWhat is a utility patent application?
A utility patent application is filed under 35 U.S.C. 101 for “a new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof”. Utility patent applications are sometimes referred to as “utility” patent applications when being contrasted with plant or design patent applications. The MPEP states: “The first type…
Read MoreWhat is a plant patent application?
A plant patent application is filed under 35 U.S.C. 161 for whoever “invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state”. The MPEP cites 35 U.S.C. 161: “Whoever…
Read MoreWhat is a Secrecy Order?
A Secrecy Order is an order issued by the Commissioner for Patents that prevents disclosure or publication of an invention in a patent application when the publication or disclosure would be detrimental to national security. The order requires that the invention be kept secret and may restrict filing of foreign patent applications. (MPEP 120)
Read MoreWhen might the USPTO require an earlier submission of the certified copy?
According to 37 CFR 1.55(g)(2), the USPTO may require that the claim for priority and the certified copy of the foreign application be filed earlier than otherwise provided in the following circumstances: When the application is involved in an interference or derivation proceeding; When necessary to overcome the date of a reference relied upon by…
Read MoreWhat are the three broad types of patent applications?
According to the MPEP, patent applications can be directed to three broad types of subject matter: Utility patent applications under 35 U.S.C. 101 for “a new and useful process, machine, manufacture, or composition of matter” Plant patent applications under 35 U.S.C. 161 Design patent applications under 35 U.S.C. 171
Read MoreWhat is the time limit for filing a U.S. application claiming foreign priority?
The U.S. nonprovisional application must generally be filed within 12 months of the filing date of the foreign application to claim priority. For design applications, this period is 6 months. Specifically, 37 CFR 1.55(b) states: “The nonprovisional application must be: (1) Filed not later than twelve months (six months in the case of a design…
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