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20 Cards in this Set
- Front
- Back
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Who can see issued patents?
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Everyone can see issued, re-issued and re-examined patents (copy charge only)
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Who can see pending or abandoned patents?
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Any inventor unless assignee has requested otherwise in writing
Any inventor who was named but did not sign Any assignee (entire or partial) A licensee of an entire interest (not partial) An attorney or Agent of Record, or anyone given written authorization from an inventor |
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When can one see an interference file?
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After an award of priority has been made
After the interference has been terminated |
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How long is the power to inspect good for?
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If assigned by agent, inventor, or attorney, indefinite unless otherwise stated
If assigned by Patent Office, limited because circumstances may change |
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What are the three types of application status?
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Pending, Abandoned, Issued
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What is necessary before the PTO will tell status of an application?
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Access must be obtained
Application must be identified by serial number and filing date A patent must be in the national phase of an international (PCT) application |
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What is a CIP patent application?
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Continuation-In-Part
First application must be copending and the CIP retains the earlier filing date CIP contains new matter over the patent application |
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What is an EPO patent application?
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European Patent Office application
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What is a PCT patent application?
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An international patent application (Patent Cooperation Treaty)
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When will the statuts of any parent application be disclosed?
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When a continuation, CIP, or division qualifies to have its status disclosed
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Under what conditions can one obtain access to an abandoned application?
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If it is referred to in a US Patent
If it is referred to in a US application open to the public If it claims the benefit of a filing date of a US application open to the public A petition and fee are not required (copying charge only) Other special circumstances may require fee |
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How can someone get special permission to access a pending application file?
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File petition for access
Pay petition fee Give copy of petition to applicant/owner directly or through patent office |
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What special circumstances are acceptable when seeking access to pending applications?
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When owner is using the patent application to interfere with a competitor's business
When the application is referred to in an issued patent When a patent relies upon the application for priority |
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What is the purpose of service (telling applicant/owner) to seek access to a patent application?
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The purpose is to give the applicant/owner a chance to protest access to the whole file
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When is service not required?
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When the application is incorporated in whole or part into an issued US patent
Normally a copy of the application is filed, when preserved in secrecy, but the file itself cannot be obtained without service |
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What is the Patent Term Guarantee?
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The Patent Office guarantees that a first action will be made within 14 months, a reply too an official action or an appeal brief within four months, and to issue within four months after the issue fee has been paid
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When is a foreign filing license required?
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Before filing an application in another country (if invention is made in the US)
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What are 3 ways that a person can get a foreign filing license?
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By waiting 6 months after filing any US application
After the date shown on filing receipt indicating effective date By asking for one through a petition |
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When is a foreign filing license not required?
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If the invention is made outside of the US (even by an American)
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Can a foreign filing license be obtained retroactively?
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Yes, if an illegal foreign filing occured by mistake and without deceptive intent
A detailed explanation must be provided to explain mistakes It can be obtained with a large penalty fee |
