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20 Cards in this Set

  • Front
  • Back
Who can see issued patents?
Everyone can see issued, re-issued and re-examined patents (copy charge only)
Who can see pending or abandoned patents?
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
When can one see an interference file?
After an award of priority has been made
After the interference has been terminated
How long is the power to inspect good for?
If assigned by agent, inventor, or attorney, indefinite unless otherwise stated
If assigned by Patent Office, limited because circumstances may change
What are the three types of application status?
Pending, Abandoned, Issued
What is necessary before the PTO will tell status of an application?
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
What is a CIP patent application?
First application must be copending and the CIP retains the earlier filing date
CIP contains new matter over the patent application
What is an EPO patent application?
European Patent Office application
What is a PCT patent application?
An international patent application (Patent Cooperation Treaty)
When will the statuts of any parent application be disclosed?
When a continuation, CIP, or division qualifies to have its status disclosed
Under what conditions can one obtain access to an abandoned application?
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
How can someone get special permission to access a pending application file?
File petition for access
Pay petition fee
Give copy of petition to applicant/owner directly or through patent office
What special circumstances are acceptable when seeking access to pending applications?
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
What is the purpose of service (telling applicant/owner) to seek access to a patent application?
The purpose is to give the applicant/owner a chance to protest access to the whole file
When is service not required?
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
What is the Patent Term Guarantee?
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
When is a foreign filing license required?
Before filing an application in another country (if invention is made in the US)
What are 3 ways that a person can get a foreign filing license?
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
When is a foreign filing license not required?
If the invention is made outside of the US (even by an American)
Can a foreign filing license be obtained retroactively?
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