Can a protestor receive information about the application they’re protesting?
Generally, protestors are not entitled to receive information about the application they’re protesting, unless it’s a reissue application or has been published. The MPEP 1901.05 states: “Original applications are, of course, required by 35 U.S.C. 122 to be kept in confidence unless published pursuant to 35 U.S.C. 122(b) or are available to the public pursuant…
Read MoreWhat is the difference between pre-AIA and AIA treatment of patent prior art?
What is the difference between pre-AIA and AIA treatment of patent prior art? The America Invents Act (AIA) introduced significant changes to how patent prior art is treated compared to the pre-AIA system. The MPEP 2152.02(a) highlights a key difference: “The AIA draws no distinction between patents and published patent applications as prior art.” This…
Read MoreWhat are the differences in Internet searching for published vs. unpublished patent applications?
The USPTO guidelines for Internet searching differ significantly between published and unpublished patent applications. Key differences include: Published Applications: Examiners have more flexibility in their search queries. The MPEP states, “Any search query may include terminology related to the general state of the relevant technology, disclosed features from applicant’s disclosure and claim terminology.” Unpublished Applications:…
Read MoreWhat information is available for published patent applications?
For published patent applications, the following information is generally available to the public: A copy of the application-as-filed File contents of the published application Specific documents in the file of the published application Status information (pending, abandoned, or patented) Application number Continuity data According to 37 CFR 1.14(a)(1)(iii), “A copy of the application-as-filed, the file…
Read MoreHow can I obtain copies of published patent applications?
To obtain copies of published patent applications, you can follow these steps: Submit a request under 37 CFR 1.14(a)(1)(ii) or (iii) Pay the required fee set forth in 37 CFR 1.19(b) Submit your request to the Patent and Trademark Copy Fulfillment Branch of the Public Records Division Alternatively, submit your request electronically through the Certified…
Read MoreHow can I check the status of a published patent application?
Checking the status of a published patent application is straightforward and can be done by any member of the public. The MPEP states: “Any member of the public may obtain status information concerning any published application via Patent Center. See MPEP § 1730.“ Status information typically includes: Whether the application has been published under 35…
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