How do secrecy orders affect patent term adjustment?
Secrecy orders can have a significant impact on patent term adjustment (PTA). According to MPEP 2731, there are several ways in which a secrecy order can affect PTA: “37 CFR 1.703(d) pertains to the provisions of 35 U.S.C. 154(b)(1)(C)(ii) and indicates that the period of adjustment under 37 CFR 1.702(d) is the sum of the…
Read MoreWhat are the specific conditions for exemption from replacement deposits?
According to MPEP 2407.05, there are specific conditions under which a depository may be exempted from providing replacement deposits of biological materials. The MPEP states: “The conditions are specified in this paragraph as being limited to national security, health or environmental safety reasons.” These conditions can be broken down as follows: National security concerns Health-related…
Read MoreWhat types of petitions can the Director of the Technology Center who Oversees Licensing and Review decide?
The Director of the Technology Center who Oversees Licensing and Review has the authority to decide several types of petitions, including: Petitions to extend time for taking action in U.S.-owned applications important to national defense Petitions to suspend action in U.S.-owned applications where publication might be detrimental to public safety or defense Petitions for foreign…
Read MoreHow can inventors petition for special status for inventions related to countering terrorism?
Inventors can petition for special status for inventions related to countering terrorism as described in MPEP 1002.02(s). The MPEP states: “petitions filed with a statement that the invention will materially contribute to countering terrorism ( 37 CFR 1.102(c)(2)(iii) and MPEP § 708.02, subsection V)” To petition for special status: Submit a petition along with your…
Read MoreHow are petitions related to applications under secrecy orders handled?
Petitions related to applications under secrecy orders are handled by the Director of the Technology Center who Oversees Licensing and Review. This includes various aspects of secrecy orders and related matters. According to MPEP 1002.02(c)(1): “Petitions relating to any application under a secrecy order pursuant to 35 U.S.C. 181, including petitions to expunge subject matter…
Read MoreCan the publication of an international application be prevented?
Generally, the publication of an international application is a standard part of the PCT process. However, there are limited circumstances under which publication can be prevented: Withdrawal of the application: If the applicant withdraws the international application before the technical preparations for international publication have been completed. Withdrawal of the designation: If all designations are…
Read MoreHow can I request modification or rescission of a secrecy order on my patent application?
To request modification or rescission of a secrecy order on your patent application, you need to file a petition with the USPTO. These petitions are decided by the Director of the Technology Center who Oversees Licensing and Review. According to MPEP 1002.02(c)(1): “Petitions for rescission of secrecy order, 37 CFR 5.4, MPEP § 120.” “Petitions…
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