How are materials submitted under MPEP § 724.02 treated in applications covered by 35 U.S.C. 122?

Materials submitted under MPEP § 724.02 in applications covered by 35 U.S.C. 122 are treated as follows: The materials are kept in a sealed envelope marked “Not Open To The Public”. They are not publicly available until a determination is made regarding their materiality to patentability. After publication under 35 U.S.C. 122(b)(1), the materials are…

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Does restricting inventor access to a patent application continue after the application publishes?

No, once a patent application publishes under 35 U.S.C. 122(b), it becomes available to the public. At that point, any previous grant restricting the inventor’s access to the application file is no longer in effect. Of course, after the application has published pursuant to 35 U.S.C. 122(b), the application will be available to the public…

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When is a patent application file available to the public?

A patent application file becomes available to the public in the following situations: When the application has issued as a patent or published as a statutory invention registration When the application has been published and subsequently abandoned When the application has been published and is still pending When an unpublished, abandoned application is identified or…

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