What restrictions apply to USPTO employees regarding patents?
USPTO employees are subject to several restrictions regarding patents: They cannot apply for a patent during their employment and for one year after. They cannot acquire any patent or interest in a patent, directly or indirectly, except through inheritance or bequest, during employment and for one year after. For patents applied for after the one-year…
Read MoreCan I access a pending unpublished patent application?
Access to pending unpublished patent applications is generally restricted. However, according to 37 CFR 1.14(a)(1)(v) and (vi), there are some circumstances where a copy of the file contents or the application as originally filed may be provided: If the benefit of the application is claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in…
Read MoreHow can I access an unpublished abandoned patent application?
Access to unpublished abandoned patent applications is limited. According to 37 CFR 1.14(a)(1)(iv), the file contents of an unpublished abandoned application may be made available to the public if: The application is identified in a U.S. patent, statutory invention registration, U.S. patent application publication, international publication of an international application, or publication of an international…
Read MoreHow does the AIA change joint inventorship requirements?
How does the AIA change joint inventorship requirements? The America Invents Act (AIA) introduced significant changes to joint inventorship requirements: Elimination of ‘without deceptive intention’: The AIA removed the requirement that joint inventors make their respective contributions ‘without deceptive intention.’ This simplifies the inventorship determination process. Broader inventorship criteria: The AIA expanded the definition of…
Read MoreHow did the America Invents Act (AIA) change who can be a patent applicant?
The America Invents Act (AIA) significantly changed who can be considered a patent applicant for applications filed on or after September 16, 2012. MPEP § 605 outlines these changes: “Effective September 16, 2012, the Office revised the rules of practice to permit a person to whom the inventor has assigned or is under an obligation…
Read MoreWhat is the significance of the AIA (America Invents Act) for patent application correspondence?
What is the significance of the AIA (America Invents Act) for patent application correspondence? The America Invents Act (AIA) brought significant changes to patent application correspondence, particularly for applications filed on or after September 16, 2012. Key changes include: New rules for who can file patent applications Changes in correspondence procedures Updated requirements for patent…
Read MoreWhat are the differences in patent applicant rules for applications filed before and after September 16, 2012?
The rules regarding who can be a patent applicant changed significantly for applications filed on or after September 16, 2012. MPEP § 605 outlines these differences: For applications filed on or after September 16, 2012: “Effective September 16, 2012, the Office revised the rules of practice to permit a person to whom the inventor has…
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