What are the requirements for patent applications related to aeronautical and space activities?
For inventions related to aeronautical and space activities, applicants must file a statement with specific information if requested by the USPTO. According to 51 U.S.C. 20135: No patent may be issued to any applicant other than the Administrator for any invention which appears to the Under Secretary of Commerce for Intellectual Property and Director of…
Read MoreWhat is the purpose of reporting patent applications to the Department of Energy (DOE)?
Patent applications that appear to disclose, purport to disclose, or do disclose inventions or discoveries relating to atomic energy are reported to the Department of Energy. The purpose is to allow the DOE access to these applications for review. As stated in MPEP 150: Applications for patents which appear to disclose, purport to disclose or…
Read MoreWhat information must be included in a statement to the Department of Energy for atomic energy-related inventions?
For inventions related to atomic energy, applicants must file a statement under oath with specific information. According to 42 U.S.C. 2182, this statement should include: Full facts surrounding the making or conception of the invention Whether the invention was made or conceived under any contract or arrangement with the Commission (now DOE) Whether the contract…
Read MoreWhat are the restrictions on foreign filing for secrecy order applications?
Secrecy order applications are subject to strict restrictions on foreign filing to protect national security. The MPEP 130 outlines these restrictions: A secrecy order bars the filing of a foreign application based on the application under secrecy order without prior license from the Commissioner for Patents. Key points regarding foreign filing restrictions: Filing a foreign…
Read MoreWhat are the special procedures for handling secrecy order applications?
Secrecy order applications require special handling procedures to maintain their confidentiality. According to MPEP 130: Applications and papers in the application file, as well as any related papers, must be safeguarded from disclosure to unauthorized persons and must be securely kept in a locked area when not actually in use. Additionally: Secrecy order cases should…
Read MoreWhat is the significance of the application filing date for new matter in patent applications?
What is the significance of the application filing date for new matter in patent applications? The application filing date is crucial when determining whether content in a patent application constitutes new matter. MPEP 608.04(a) states: ‘Matter not present on the filing date of the application in the specification, claims, or drawings that is added after…
Read MoreHow can inventors and joint inventors file patent applications after September 16, 2012?
How can inventors and joint inventors file patent applications after September 16, 2012? For patent applications filed on or after September 16, 2012, inventors and joint inventors can file applications in the following ways: An inventor or joint inventor may file an application. A legal representative of a deceased or legally incapacitated inventor may file…
Read MoreWhat happens if I lose micro entity status during the patent process?
What happens if I lose micro entity status during the patent process? If you lose micro entity status during the patent process, you must notify the USPTO promptly. The MPEP states: “A micro entity that no longer meets the requirements for micro entity status at a point in time when a fee is due is…
Read MoreWhat types of patent applications count towards the micro entity application filing limit?
For the purpose of micro entity status, the following types of patent applications count towards the application filing limit: Previously filed U.S. nonprovisional applications (utility, design, plant, continuation, and divisional) Previously filed U.S. reissue applications Previously filed U.S. national stage applications under the Patent Cooperation Treaty (PCT) Previously filed international design applications under the Hague…
Read MoreWhat are the requirements for micro entity status on the gross income basis?
To establish micro entity status on the gross income basis, an applicant must meet the following requirements as outlined in 37 CFR 1.29(a)(1)-(4): Qualify as a small entity Not have been named as an inventor on more than four previously filed patent applications Not have a gross income exceeding three times the median household income…
Read More