Are there any exceptions to the public access policy for reissue applications?
While the general policy is to provide public access to reissue applications, there is an exception for certain types of continued prosecution applications (CPAs). According to MPEP 1470: “37 CFR 1.11(b) opens all reissue applications to inspection by the general public.“ However, the MPEP also notes an exception: “The filing of a continued prosecution application…
Read MoreHow can the public access and view reissue application files?
The public can access and view reissue application files through the USPTO’s Patent Center. MPEP 1470 provides the following information: “IFW reissue application files are open to inspection by the general public by way of Patent Center via the USPTO Internet site. In viewing the images of the files, members of the public will be…
Read MoreHow can the public access reissue application files?
The public can access reissue application files through the USPTO’s Patent Center. MPEP 1430 states: “IFW reissue application files are open to inspection by the general public by way of Patent Center via the USPTO Internet site. In viewing the images of the files, members of the public will be able to view the entire…
Read MoreHow 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’…
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