Can you fix a restriction requirement after issuance with a reissue?
ANSWER
NO - during a restriction you permanently give something up forever - so you cant change
this with a reissue (same with claims you cancelled by amendment - can't add them again
with reissue). BUT instead of filing restriction, you could have filed a divisional patent instead
of giving up those claims
what documents are held in confidence by USPTO
ANSWER
unpublished pending, abandoned applications
MPEP 100 contents
ANSWER
Access (assignees/status/etc), Secrecy Orders, Foreign Filing License, DOE/NASA Statements
What is ALWAYS public access for viewing and copying?
ANSWER
published documents, issued patents, reissue files and reexamination files involving an is-
sued patent
T/F: a pending interference files awaiting an award of priority is open to the public?
ANSWER
FALSE: Must be a terminated interference file
1
,T/F: interference files involving an issued patent where the interference has been termi-
nated is open to the public?
ANSWER
True
T/F: a terminated interference proceeding involving an issued patent AND a pending patent
application is available for public viewing and copying?
ANSWER
TRUE
T/F: papers relating to a reexamination proceeding which have been entered of record in a
reexamination file are open to public viewing?
ANSWER
True (reexaminations are only conducted to examine the validity of claims of an ISSUED pa-
tent, anyone can request reexamination)
T/F: assignment records relating only to pending patent applications are available to the
public?
ANSWER
false
T/F: assignment records relating to issued patents are available to public viewing?
ANSWER
true
T/F: all reissue applications are open to the public?
ANSWER
true
2
,A reissue application is filed to correct an error in the patent, where, as a result of the error,
the patent is deemed wholly or partly inoperative or invalid - therefore reissues (of course by
name) are only involving patents that were already granted. when would you need a reis-
sue? ex: correcting inventorship. This is the only way to correct issues on an ISSUED applica-
tion. otherwise if you need to correct issues on a pending application, you submit amend-
ments. ALSO to reissue for corrections, the error must have been done without deceptive
intent!
T/F: an assignment record relating to a pending patent application and an issued patent is
available for public viewing?
ANSWER
true
T/F: all pending utility patent applications are open to public?
ANSWER
false
T/F: a continuation-in-part application of an issued patent is available for public viewing?
ANSWER
false
T/F: all abandoned applications are available for public viewing?
ANSWER
false
T/F: all assignment records relating to pending patent applications are open to public view-
ing?
ANSWER
false
3
, T/F: all pending applications are available for public viewing?
ANSWER
false
what to you need to determine status of an application (not access, status)?
ANSWER
1. if you have a US serial number and filing date from a published document or a US applica-
tion open to public inspection
2. when access can be obtained (or if you are the applicant/inventor/assignee/attorney or
agent LISTED on the application)
3. when the application is in the national phase of an international/PCT application where
the US is listed
Can parent company of invention view patent application?
ANSWER
only if they have a designated assignment (assignee); or under American Invents Act 2012 -
owner can file an application as the applicant (normally the inventor is the applicant) if in-
ventor leaves company, or can no longer be contacted
what are the exceptions to viewing unpublished ABANDONED applications?
ANSWER
1. if the application is referred to in a published application or issued patent
2. if the application is referred to in a US application that is open to public inspection
3. if the application is referred to in a PCT/international published application which desig-
nates the US
what are the exceptions to viewing unpublished PENDING applications?
ANSWER
1. when the pending application is referenced in a published/patent-issued document
4
ANSWER
NO - during a restriction you permanently give something up forever - so you cant change
this with a reissue (same with claims you cancelled by amendment - can't add them again
with reissue). BUT instead of filing restriction, you could have filed a divisional patent instead
of giving up those claims
what documents are held in confidence by USPTO
ANSWER
unpublished pending, abandoned applications
MPEP 100 contents
ANSWER
Access (assignees/status/etc), Secrecy Orders, Foreign Filing License, DOE/NASA Statements
What is ALWAYS public access for viewing and copying?
ANSWER
published documents, issued patents, reissue files and reexamination files involving an is-
sued patent
T/F: a pending interference files awaiting an award of priority is open to the public?
ANSWER
FALSE: Must be a terminated interference file
1
,T/F: interference files involving an issued patent where the interference has been termi-
nated is open to the public?
ANSWER
True
T/F: a terminated interference proceeding involving an issued patent AND a pending patent
application is available for public viewing and copying?
ANSWER
TRUE
T/F: papers relating to a reexamination proceeding which have been entered of record in a
reexamination file are open to public viewing?
ANSWER
True (reexaminations are only conducted to examine the validity of claims of an ISSUED pa-
tent, anyone can request reexamination)
T/F: assignment records relating only to pending patent applications are available to the
public?
ANSWER
false
T/F: assignment records relating to issued patents are available to public viewing?
ANSWER
true
T/F: all reissue applications are open to the public?
ANSWER
true
2
,A reissue application is filed to correct an error in the patent, where, as a result of the error,
the patent is deemed wholly or partly inoperative or invalid - therefore reissues (of course by
name) are only involving patents that were already granted. when would you need a reis-
sue? ex: correcting inventorship. This is the only way to correct issues on an ISSUED applica-
tion. otherwise if you need to correct issues on a pending application, you submit amend-
ments. ALSO to reissue for corrections, the error must have been done without deceptive
intent!
T/F: an assignment record relating to a pending patent application and an issued patent is
available for public viewing?
ANSWER
true
T/F: all pending utility patent applications are open to public?
ANSWER
false
T/F: a continuation-in-part application of an issued patent is available for public viewing?
ANSWER
false
T/F: all abandoned applications are available for public viewing?
ANSWER
false
T/F: all assignment records relating to pending patent applications are open to public view-
ing?
ANSWER
false
3
, T/F: all pending applications are available for public viewing?
ANSWER
false
what to you need to determine status of an application (not access, status)?
ANSWER
1. if you have a US serial number and filing date from a published document or a US applica-
tion open to public inspection
2. when access can be obtained (or if you are the applicant/inventor/assignee/attorney or
agent LISTED on the application)
3. when the application is in the national phase of an international/PCT application where
the US is listed
Can parent company of invention view patent application?
ANSWER
only if they have a designated assignment (assignee); or under American Invents Act 2012 -
owner can file an application as the applicant (normally the inventor is the applicant) if in-
ventor leaves company, or can no longer be contacted
what are the exceptions to viewing unpublished ABANDONED applications?
ANSWER
1. if the application is referred to in a published application or issued patent
2. if the application is referred to in a US application that is open to public inspection
3. if the application is referred to in a PCT/international published application which desig-
nates the US
what are the exceptions to viewing unpublished PENDING applications?
ANSWER
1. when the pending application is referenced in a published/patent-issued document
4
