What are the exceptions to the 18-month publication rule for patent applications?
While the American Inventors Protection Act (AIPA) introduced the 18-month publication rule, there are several exceptions to this requirement. According to MPEP 901.03, an application shall not be published if it falls under any of the following categories: (A) no longer pending; (B) subject to a secrecy order under 35 U.S.C. 181; (C) a provisional…
Read MoreAre there exceptions to the patent ownership restrictions for USPTO employees?
Yes, there are two exceptions to the patent ownership restrictions for USPTO employees: Inheritance Bequest According to 35 U.S.C. 4: ‘Officers and employees of the Patent and Trademark Office shall be incapable, during the period of their appointments and for one year thereafter, of… acquiring, directly or indirectly, except by inheritance or bequest, any patent…
Read MoreWhat are the exceptions to public inspection of patent application files?
While most patent application files are available for public inspection, there are several exceptions: Pending or abandoned applications that have not been published under 35 U.S.C. 122(b) Applications subject to a secrecy order Provisional applications Applications that have been terminated or denied and are no longer open to public inspection Interference files, until judgment is…
Read MoreWhat are the exceptions to public access of patent application files?
While most patent application files are available for public inspection, there are some exceptions: Pending or abandoned applications that have not been published Applications subject to secrecy orders Certain international applications Applications for which the United States is not a designated country Information that would violate personal privacy or proprietary rights These exceptions help protect…
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