What 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 MoreWhat is the limit on the number of previously filed patent applications for micro entity status?
What is the limit on the number of previously filed patent applications for micro entity status? For micro entity status, an applicant must not have been named as an inventor on more than four previously filed patent applications. The MPEP states: “The applicant has not been named as an inventor on more than 4 previously…
Read MoreIs MPEP 409.03(g) applicable to all patent applications?
No, MPEP 409.03(g) is not applicable to all patent applications. As stated in the editor’s note at the beginning of the section: This MPEP section is not applicable to applications filed on or after September 16, 2012. This means that the guidance provided in MPEP 409.03(g) regarding proof of irreparable damage only applies to patent…
Read MoreAre assignment records for pending patent applications publicly available?
The accessibility of assignment records for pending patent applications depends on whether the application has been published. According to MPEP 301.01: For published patent applications, assignment records are publicly available. For unpublished pending applications, assignment records are not open to public inspection. The MPEP states: “Documents relating only to one or more pending applications for…
Read MoreAre photographs allowed in patent applications?
Photographs are generally not permitted in utility and design patent applications, but exceptions exist. According to MPEP 608.01(f): Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the…
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