How are materials submitted under MPEP § 724.02 treated in reissue applications open to the public?
Materials submitted under MPEP § 724.02 in reissue applications open to the public under 37 CFR 1.11(b) are treated as follows: The materials are kept separate from the reissue application file and are not publicly available until a determination is made regarding their materiality to patentability. They will only be released to the public if…
Read MoreHow does the USPTO handle public petitions for access to patent applications?
When a member of the public files a petition for access to a patent application, the USPTO follows a specific procedure as outlined in MPEP 710.02(c): “Where a member of the public files a petition under 37 CFR 1.14(a) for access to an application, the Office may give the applicant a specified time (usually 3…
Read MoreCan expunged information be accessed by the public after a patent is granted?
Can expunged information be accessed by the public after a patent is granted? Yes, expunged information can be accessed by the public after a patent is granted, but only under specific circumstances. The MPEP 724.06 states: “The expunged information, if later requested by the public pursuant to MPEP § 103, may be available.” This means…
Read MoreWhat happens if a petition to expunge is granted after the application has been allowed?
What happens if a petition to expunge is granted after the application has been allowed? If a petition to expunge is granted after the application has been allowed, the expunged information will be removed from the application file. However, it’s important to note that this process may affect the publication of the application or patent.…
Read MoreWhat happens if no petition to expunge is filed before the notice of allowability in a reissue application?
If no petition to expunge is filed before the mailing of the notice of allowability in a reissue application, the following occurs: The materials submitted under MPEP § 724.02 become a permanent part of the reissue application file. These materials become open to the public under 37 CFR 1.11(b). There is no further opportunity to…
Read MoreWhat is the process for handling submitted materials when a reissue application is being allowed?
When a reissue application containing materials submitted under MPEP § 724.02 is being allowed, the following process occurs: Before mailing a notice of allowability, the examiner reviews the reissue application file for any unacted-upon petitions to expunge. The examiner or appropriate Office official determines whether the submitted information is material to patentability. If found material,…
Read MoreWhat happens if a reissue application is abandoned with submitted materials under MPEP § 724.02?
When a reissue application containing materials submitted under MPEP § 724.02 is to be abandoned, the following process occurs: The examiner reviews the reissue application file before mailing a notice of abandonment. If a petition to expunge is found in the file but not yet acted upon, it will be granted regardless of the materials’…
Read MoreWhen does a patent application become publicly accessible?
A patent application typically becomes publicly accessible after it is published. MPEP 106 states: Of course, after the application has published pursuant to 35 U.S.C. 122(b), the application will be available to the public and any restriction on the inventor to access his or her application previously granted will no longer be in effect. This…
Read MoreWhen does the USPTO make international application files available to the public?
The USPTO has specific rules for making international application files available to the public. According to MPEP 110, which cites 37 CFR 1.14(g), After publication of an application under 35 U.S.C. 122(b), the USPTO will make available copies of the application files and also allow for access to those files in accordance with 37 CFR…
Read MoreHow are assignment records made accessible to the public?
The USPTO makes assignment records accessible to the public in several ways, as described in 37 CFR 1.12: Separate assignment records for patents and trademarks are maintained and are open to public inspection. Assignment records, digests, and indexes for patents are available on the USPTO website. Images of assignment documents recorded from June 1998 onwards…
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