How does pre-AIA 35 U.S.C. 102(d) treat patents with a period of secrecy?
Under pre-AIA 35 U.S.C. 102(d), patents that have a period of secrecy after granting are treated differently than under other subsections of 35 U.S.C. 102. According to MPEP 2126: “But a period of secrecy after granting the patent has been held to have no effect in connection with pre-AIA 35 U.S.C. 102(d). These patents are…
Read MoreWhat is the confidentiality status of unpublished patent applications?
Unpublished patent applications are generally kept confidential by the USPTO. As stated in 37 CFR 1.14(a): “Patent applications that have not been published under 35 U.S.C. 122(b) are generally preserved in confidence pursuant to 35 U.S.C. 122(a). Information concerning the filing, pendency, or subject matter of an application for patent, including status information, and access…
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