http://mypatentbar.com/2007/11/28/secrecy-access-national-security-foreign-filing-mpep-100/ Patent Bar Review and Study Guide Fri, 03 Sep 2010 02:34:16 +0000 http://wordpress.org/?v=2.9.2 hourly 1 http://mypatentbar.com/2007/11/28/secrecy-access-national-security-foreign-filing-mpep-100/#comment-1183 patentbar Wed, 05 Mar 2008 21:18:15 +0000 http://mypatentbar.com/2007/11/28/secrecy-access-national-security-foreign-filing-mpep-100/#comment-1183 Fax transmission is not allowed with any correspondence associated with a secrecy order. Fax transmission is not allowed with any correspondence associated with a secrecy order.

]]> http://mypatentbar.com/2007/11/28/secrecy-access-national-security-foreign-filing-mpep-100/#comment-1182 patentbar Wed, 05 Mar 2008 21:16:08 +0000 http://mypatentbar.com/2007/11/28/secrecy-access-national-security-foreign-filing-mpep-100/#comment-1182 Substitute applications are not open for public inspection. Substitute applications are not open for public inspection.

]]> http://mypatentbar.com/2007/11/28/secrecy-access-national-security-foreign-filing-mpep-100/#comment-1181 patentbar Wed, 05 Mar 2008 21:06:49 +0000 http://mypatentbar.com/2007/11/28/secrecy-access-national-security-foreign-filing-mpep-100/#comment-1181 Patents can and will issue while under a secrecy order. Prosecution continues and completes (just no one knows about it). So long as a secrecy order has not issued within 6 months, you can file abroad. You can file an explicit petition to file abroad, but it is unnecessary (you are automatically entitled after 6 mos.) If you accidentally file a foreign application before the 6 months (and have not filed a special petition), you can seek a retro-active license. If the 6 months period has expired, the foreign filing license can be revoked by the PTO at anytime. Foreign applications filed before the revocation need not be abandoned, but no new applications are allowed. (Remember that the PCT allows filing in another country up to one year after initial filing in the US RO to receive priority of your US filing date.) Patents can and will issue while under a secrecy order. Prosecution continues and completes (just no one knows about it). So long as a secrecy order has not issued within 6 months, you can file abroad. You can file an explicit petition to file abroad, but it is unnecessary (you are automatically entitled after 6 mos.) If you accidentally file a foreign application before the 6 months (and have not filed a special petition), you can seek a retro-active license. If the 6 months period has expired, the foreign filing license can be revoked by the PTO at anytime. Foreign applications filed before the revocation need not be abandoned, but no new applications are allowed. (Remember that the PCT allows filing in another country up to one year after initial filing in the US RO to receive priority of your US filing date.)

]]> http://mypatentbar.com/2007/11/28/secrecy-access-national-security-foreign-filing-mpep-100/#comment-1180 patentbar Wed, 28 Nov 2007 21:22:19 +0000 http://mypatentbar.com/2007/11/28/secrecy-access-national-security-foreign-filing-mpep-100/#comment-1180 Some questions may deal with foreign filing licenses - and what to do when an application was filed in a foreign country without notifying the USPTO. Often asked in combination with non-publication request (MPEP 1100) Some questions may deal with foreign filing licenses – and what to do when an application was filed in a foreign country without notifying the USPTO. Often asked in combination with non-publication request (MPEP 1100)

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