Patent: Bar - MPEP Chapter 100 Test
Questions Fully Solved.
What does MPEP Chapter 100 cover? - Answer Secrecy,
Access,
National Security, and
Foreign Filing
What is the general rule of confidentiality?
See MPEP 101, 103. - Answer Unpublished pending and abandoned applications are
maintained in confidence by the PTO, and access and copies can be had for only certain
exceptions.
Issued patents and published application files are available to the public for viewing and
copying.
Reissue files and reexamination files involve an issued patent, so they are also available to the
public.
When is an interference file available? - Answer When the interference involves a patent, a
reissue, or a published application.
If the interference involves an unpublished and unissued application, the files are available if:
(1) the interference has been terminated, or
(2) an award of priority has been made.
When will the PTO provide the status of an application? - Answer (1) When access can be
obtained,
(2) When the application is identified by serial number and filing date in a published patent
document (foreign or US) or a US application open to public inspection, or
(3) When a PCT application is in the national phase and the US has been designated.
Who can access a pending or abandoned file?
See MPEP 104. - Answer (1) Inventors, even if interest has been assigned,
(2) Inventor named but filed without signature under 1.46 or 1.45,
, (3) An assignee of an interest or exclusive license, and
(4) The attorney or agent of record or someone given written authority.
How long does the power to inspect given by attorney, assignee, or inventor continue? - Answer
Indefinitely unless limited in time.
How long does a petition for access granted by the PTO continue? - Answer It is limited to the
time it is granted because the circumstances warranting access may change.
What is required to access an unpublished abandoned application which satisfies an exception?
- Answer Only a written request.
NOT a petition nor service.
What are the exceptions for accessing an unpublished abandoned application? - Answer (1)
Referred to in a US patent or published application,
(2) Referred to in a US application open to public inspection, or
(3) Referred to in a PCT published application that designates the US.
What must be done to access and/or copy an unpublished pending application file?
See MPEP 103. - Answer (1) A petition or request for access must be filed, AND
(2) A fee must be paid.
For access to an unpublished pending application, what is required when the owner is using the
patent application to interfere with a competitor's business?
See MPEP 103. - Answer A petition showing "Special Circumstances" must be served upon
the applicant or owner, or an extra copy of the petition should be supplied to the PTO to serve.
For access to an unpublished pending application, when is only a request for access required?
See MPEP 103. - Answer When either:
(1) the patent relies upon the application for priority, or
(2) the application is incorporated in its entirety by reference into a patent or published
application.
Questions Fully Solved.
What does MPEP Chapter 100 cover? - Answer Secrecy,
Access,
National Security, and
Foreign Filing
What is the general rule of confidentiality?
See MPEP 101, 103. - Answer Unpublished pending and abandoned applications are
maintained in confidence by the PTO, and access and copies can be had for only certain
exceptions.
Issued patents and published application files are available to the public for viewing and
copying.
Reissue files and reexamination files involve an issued patent, so they are also available to the
public.
When is an interference file available? - Answer When the interference involves a patent, a
reissue, or a published application.
If the interference involves an unpublished and unissued application, the files are available if:
(1) the interference has been terminated, or
(2) an award of priority has been made.
When will the PTO provide the status of an application? - Answer (1) When access can be
obtained,
(2) When the application is identified by serial number and filing date in a published patent
document (foreign or US) or a US application open to public inspection, or
(3) When a PCT application is in the national phase and the US has been designated.
Who can access a pending or abandoned file?
See MPEP 104. - Answer (1) Inventors, even if interest has been assigned,
(2) Inventor named but filed without signature under 1.46 or 1.45,
, (3) An assignee of an interest or exclusive license, and
(4) The attorney or agent of record or someone given written authority.
How long does the power to inspect given by attorney, assignee, or inventor continue? - Answer
Indefinitely unless limited in time.
How long does a petition for access granted by the PTO continue? - Answer It is limited to the
time it is granted because the circumstances warranting access may change.
What is required to access an unpublished abandoned application which satisfies an exception?
- Answer Only a written request.
NOT a petition nor service.
What are the exceptions for accessing an unpublished abandoned application? - Answer (1)
Referred to in a US patent or published application,
(2) Referred to in a US application open to public inspection, or
(3) Referred to in a PCT published application that designates the US.
What must be done to access and/or copy an unpublished pending application file?
See MPEP 103. - Answer (1) A petition or request for access must be filed, AND
(2) A fee must be paid.
For access to an unpublished pending application, what is required when the owner is using the
patent application to interfere with a competitor's business?
See MPEP 103. - Answer A petition showing "Special Circumstances" must be served upon
the applicant or owner, or an extra copy of the petition should be supplied to the PTO to serve.
For access to an unpublished pending application, when is only a request for access required?
See MPEP 103. - Answer When either:
(1) the patent relies upon the application for priority, or
(2) the application is incorporated in its entirety by reference into a patent or published
application.
