What is the procedure for accessing unpublished patent applications?
According to MPEP 102, accessing unpublished patent applications requires specific procedures: “Applications that were not published or patented, that are not the subject of a benefit claim under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in an application that has issued as a U.S. patent, an application that has published as a statutory invention…
Read MoreHow can I request access to a patent application that is not publicly available?
To request access to a patent application that is not publicly available, you generally need to file a petition for access. According to 37 CFR 1.14(a)(1)(vii), for applications that are not published, patented, or the subject of a benefit claim in a published application: “A granted petition for access (see paragraph (i)) or a power…
Read MoreCan the Director of the USPTO grant access to a patent application?
Yes, the Director of the USPTO has the authority to grant access to patent applications in certain circumstances. According to MPEP 104: “Access provided upon the written order of the Director will also become a part of the record of the application.” Additionally, the MPEP states: “Where an applicant relied on the applicant’s application as…
Read MoreHow can I file an unintentionally delayed foreign priority claim?
To file an unintentionally delayed foreign priority claim, you must submit a petition under 37 CFR 1.55(e). The petition must include: The priority claim (if not previously submitted) A certified copy of the foreign application (unless previously submitted or an exception applies) The petition fee set forth in 37 CFR 1.17(m) A statement that the…
Read MoreWhat time periods apply for submitting a specific reference to a prior-filed application to claim benefit under 35 U.S.C. 120 or 119(e)?
The reference to the prior-filed application to claim benefit under 35 U.S.C. 120 or 119(e) must be submitted within the following time periods under 37 CFR 1.78: For an application filed under 35 U.S.C. 111(a), the later of four months from the filing date or sixteen months from the filing date of the prior-filed application…
Read MoreCan a Secrecy Order be modified or rescinded?
Yes, applicants may petition for rescission or modification of a Secrecy Order:n n Applicants can informally contact the sponsoring defense agency to discuss rendering the order ineffectual, or formally petition the Commissioner for Patents to rescind the order. n Rescission may also be possible by expunging sensitive subject matter from the application, if it’s not…
Read MoreCan I restore the right of priority if I miss the 12-month filing deadline?
Yes, it is possible to restore the right of priority if you miss the 12-month filing deadline (6 months for design applications). As provided in 37 CFR 1.55(c), if the subsequent application is filed within two months from the expiration of the priority period, the right of priority may be restored upon petition. The petition…
Read MoreCan the right of priority be restored if the U.S. application is filed late?
Yes, the right of priority can be restored if the U.S. application is filed after the 12-month priority period (or 6-month period for design applications), but within 2 months of the expiration of the priority period, if the delay was unintentional. 37 CFR 1.55(c) states: “If the subsequent application has a filing date which is…
Read MoreHow do you petition for a retroactive foreign filing license?
A petition for a retroactive foreign filing license may be filed under 37 CFR 5.25 if an unlicensed foreign filing occurred through error. The petition must include: 1) A listing of each foreign country where the unlicensed patent application was filed2) The filing dates in each country3) A verified statement containing:– An averment that the…
Read MoreHow can an applicant file a delayed claim for foreign priority in a U.S. patent application?
If a claim for foreign priority is not presented within the required time period under 37 CFR 1.55, it is considered waived. However, the claim may be accepted if the priority claim was unintentionally delayed. To file a petition for an unintentionally delayed priority claim, the applicant must submit: The priority claim under 35 U.S.C.…
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