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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How can I access a reissue application file?

Reissue application files are generally open to public inspection. According to 37 CFR 1.11(b): Reissue applications are open to inspection by the general public The filing of reissue applications (except for continued prosecution applications under 37 CFR 1.53(d)) is announced in the Official Gazette The announcement includes details such as filing date, reissue application and…

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What are the exceptions to public inspection of patent application files?

While most patent application files are available for public inspection, there are several exceptions: Pending or abandoned applications that have not been published under 35 U.S.C. 122(b) Applications subject to a secrecy order Provisional applications Applications that have been terminated or denied and are no longer open to public inspection Interference files, until judgment is…

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What patent application files are open to public inspection?

According to 37 CFR 1.11(a), the following patent application files are open to public inspection: Published applications Patents Statutory invention registrations The public can obtain copies of these files upon payment of the fee set forth in 37 CFR 1.19(b)(2). However, if an application was published in redacted form, the complete file may not be…

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What information is available about reexamination proceedings?

Information about reexamination proceedings is made available to the public in several ways: Announcement in the Official Gazette: The filing of each request for reexamination (where the full fee has been paid) is announced Reexaminations ordered at the Director’s initiative are also announced Public inspection of reexamination files: Once scanned into the Image File Wrapper…

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