What is the purpose of reviewing patent applications for national security and property rights issues?
All provisional applications filed under 35 U.S.C. 111(b), nonprovisional applications filed under 35 U.S.C. 111(a), international applications filed under the PCT, and international design applications filed under the Hague Agreement are reviewed by the USPTO for three main purposes: To determine if a foreign filing license can be granted under 35 U.S.C. 184 To identify…
Read MoreHow do you petition for a retroactive foreign filing license?
A petition for a retroactive foreign filing license may be filed under 37 CFR 5.25 if an unlicensed foreign filing occurred through error. The petition must include: 1) A listing of each foreign country where the unlicensed patent application was filed2) The filing dates in each country3) A verified statement containing:– An averment that the…
Read MoreWhat happens to patent applications subject to a Secrecy Order at the USPTO?
Applications subject to a Secrecy Order will be: Deleted from any image file system within the USPTO Converted to paper Held with Licensing and Review Transferred to a designated examiner for examination
Read MoreWhat actions can be taken if a patent application contains national security markings but no Secrecy Order?
If an examiner comes across a patent application that contains national security markings but does not have a Secrecy Order imposed, MPEP 130 instructs that “the examiner should require the applicant to seek imposition of a Secrecy Order or authority to cancel the markings.” This should be done preferably with the first office action and…
Read MoreWhat 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…
Read MoreWhat are the exceptions to public access of patent application files?
While most patent application files are available for public inspection, there are some exceptions: Pending or abandoned applications that have not been published Applications subject to secrecy orders Certain international applications Applications for which the United States is not a designated country Information that would violate personal privacy or proprietary rights These exceptions help protect…
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