What is the difference in handling protests for original and reissue applications?

The main difference in handling protests for original and reissue applications lies in their accessibility to the public. MPEP 1901.05 outlines this distinction: Original applications: These are kept confidential unless published or made available under specific conditions. Reissue applications: As stated in the MPEP, “Reissue applications filed on, or after, March 1, 1977 are pursuant…

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What is the process for expunging confidential information from patent term extension applications?

The process for expunging confidential information from patent term extension applications is outlined in MPEP 2760. The key points are: “Otherwise, if a suitable petition to expunge is filed before the issuance of the certificate, the trade secret or confidential information will be expunged from the file and returned to the patent term extension applicant.”…

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Are reissue patent applications open to public inspection?

Yes, reissue patent applications are open to public inspection. According to MPEP 1430, “Under 37 CFR 1.11(b) all reissue applications filed are open to inspection by the general public, and copies may be furnished upon paying the fee therefor.” This means that anyone can view the contents of a reissue application file, either through the…

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Are all abandoned applications available as prior art references?

Not all abandoned applications are available as prior art references. The MPEP 901.02 provides important distinctions: “Abandoned applications (except those which have been destroyed) are, of course, available to the public for inspection and copying.” However, it’s crucial to note that some abandoned applications may have been destroyed, particularly older ones. Additionally, applications that were…

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Can I access international application files at the USPTO?

Access to international application files at the USPTO is governed by specific rules. According to MPEP 103: ‘International applications that designate the U.S. and have been published in accordance with PCT Article 21(2) are generally open to public inspection and copying.’ This means: Published international applications designating the U.S. are accessible Access is available after…

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What are the rules for accessing reissue application files?

Reissue application files have specific access rules as outlined in MPEP 103: ‘All reissue applications, both pending and abandoned, are open to public inspection and copying.’ This means that: Anyone can access reissue application files No special permission is required Both pending and abandoned reissue applications are available However, if the reissue application contains a…

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How are assignment records for reissue applications handled?

Assignment records for reissue applications are treated differently from regular patent applications due to their public nature. According to MPEP 301.01: Assignment records relating to reissue applications are open to public inspection because reissue applications are open to public inspection pursuant to 37 CFR 1.11(b). This means that once a reissue application is filed, its…

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How are assignment records for related patent applications handled?

The handling of assignment records for related patent applications, such as divisional, continuation, or continuation-in-part applications, is addressed in MPEP 301.01. The key point is: If the application on which a patent was granted is a division, continuation, or continuation-in-part of an earlier application, the assignment records of that earlier application will be open to…

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