What information about patent applications is publicly available?
Certain information about patent applications is publicly available, even if the full application is not. According to 37 CFR 1.14(a)(1)(ii) and (iii), for published applications, the following information may be communicated without a petition for access: Whether the application is pending, abandoned, or patented Whether the application has been published under 35 U.S.C. 122(b) The…
Read MoreWhat is a Secrecy Order and when is it issued?
A Secrecy Order is a directive issued by the Commissioner for Patents to keep an invention secret and withhold the publication of a patent application or the grant of a patent. It is issued when: A defense agency concludes that disclosure of the invention would be detrimental to national security The agency recommends a Secrecy…
Read MoreHow does the USPTO handle applications with government property interests?
The USPTO has specific procedures for handling applications in which the government may have a property interest. According to the MPEP: For those applications in which the Government has a property interest (including applications indicating national security classified subject matter), responsibility for notifying the Commissioner for Patents of the need for a Secrecy Order resides…
Read MoreWhat is a Continued Prosecution Application (CPA) and when can it be filed?
A Continued Prosecution Application (CPA) is a type of continuation or divisional application that can be filed for design patent applications under 37 CFR 1.53(d). It allows an applicant to continue prosecution of a prior design application. As stated in the MPEP: A continuation or divisional application (but not a continuation-in-part) of a prior nonprovisional…
Read MoreHow are improper CPA requests handled by the USPTO?
The USPTO handles improper Continued Prosecution Application (CPA) requests in the following ways: For utility or plant applications filed on or after July 14, 2003, improper CPA requests are treated as requests for continued examination (RCE) under 37 CFR 1.114 if the application has a filing date on or after June 8, 1995. If the…
Read MoreWhat are the advantages of filing a CPA instead of a regular continuation application?
Filing a Continued Prosecution Application (CPA) for design patents has several advantages over filing a regular continuation application under 37 CFR 1.53(b): Minimal filing requirements – only a request on a separate paper and the filing fee are needed No new oath or declaration is required Faster processing – the CPA uses the file and…
Read MoreWhat does copendency mean in patent applications?
Copendency refers to the requirement that two related patent applications must be pending at the same time for one to claim the benefit of the earlier filing date of the other. The MPEP states: Copendency between the current application and the prior application is required. This means that the later application must be filed before…
Read MoreHow does 37 CFR 1.57(b) relate to priority claims in patent applications?
37 CFR 1.57(b) is closely tied to priority claims in patent applications. For an amendment to comply with this regulation, the claim for priority or benefit of the prior-filed application must have been present on the filing date of the current application. The MPEP specifically states that an amendment may not comply with 37 CFR…
Read MoreDo certified copies of patent applications include assignment information?
No, certified copies of patent applications as filed do not include an indication of assignment documents. According to the MPEP 303, “Certified copies of patent applications as filed do not include an indication of assignment documents.” This means that the initial certified copy of a patent application does not contain information about any assignments that…
Read MoreWhat statement must be included in patent applications for inventions made with government support?
For inventions made with government support, contractors must include a specific statement at the beginning of the patent application and any resulting patents. This requirement is mandated by 35 U.S.C. 202(c)(6). The statement should read: “This invention was made with government support under (identify the contract) awarded by (identify the Federal agency). The government has…
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