What happens to confidential materials if a patent application is abandoned?
When a patent application is to be abandoned, the examiner reviews the file for any pending petitions to expunge confidential materials. The outcome depends on whether such a petition has been filed: If a petition to expunge has been filed, it will be granted and the materials will be expunged, regardless of their materiality to…
Read MoreHow 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…
Read MoreWhen do materials submitted under MPEP § 724.02 become publicly available?
Materials submitted under MPEP § 724.02 may become publicly available under different circumstances: After publication of the application under 35 U.S.C. 122(b)(1), if no petition to expunge was filed or if such a petition was denied. Upon abandonment of the application, if no petition to expunge was filed. Upon issuance of the application as a…
Read MoreWhat happens to application access restrictions after publication?
Access restrictions on patent applications change significantly after publication. According to MPEP 106, “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 means…
Read MoreDoes 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 At that point, any previous grant restricting the inventor’s access to the application file is no longer in effect.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…
Read MoreWhen 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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