Q) Public Inspection (10.02.21a)

by Lizzie on April 28, 2009 · 12 comments

in Exam Concepts, Exam Questions

21. Which of the following documents is not open to public inspection?

(A) The abandoned parent application of a divisional application. A patent was granted on the divisional application, which refers to the abandoned parent application.

(B) Assignment document relating to both an issued patent and a patent application not published under 35 USC 122(b).

(C) Assignment document relating to a pending reissue application.

(D) Copy of assignment record relating to both a pending patent application and an abandoned patent application not published under 35 USC 122(b).

(E) Assignment document relating to both an abandoned patent application not published under 35 USC 122(b) and a pending reissue application.

21. ANSWER: (D) is correct. (A) is wrong. 37 C.F.R. § 1.14(e)(2); MPEP § 103, application

files are available upon request because the divisional application refers to the abandoned parent

application, and the division issued as a patent, causing the application to be open to inspection.

(B), (C) and (E) are wrong and (D) is correct. MPEP § 301.01.

{ 12 comments… read them below or add one }

1 triedandtestedNo Gravatar July 20, 2009 at 6:58 pm

This is ambiguous. Are the issued patent and patent application not published both related to each other, or refer to each other? If yes, then the assignment record is available. But the question does not say so.

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2 RLNo Gravatar September 16, 2013 at 12:41 am

For (B), the assignment document relates to BOTH the issued patent and a patent application not published. Since assignment documents ARE available to the public in issued patent, then the same document would also be available since it relates to the application not published.

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3 triedandtestedNo Gravatar July 20, 2009 at 6:59 pm

I meant the above for option (B)

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4 squirrelNo Gravatar November 3, 2009 at 4:56 pm

I agree with you. I am confused by the answer B. Who can explain this? Thanks!

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5 SNo Gravatar March 24, 2010 at 9:58 am

I have to agree with the above comments. Hope someone will explain:

301.01 explicitly states that

Records related to assignments of patents, and patent applications that have been published as Patent application publications are available on the USPTO Internet website.
The Office will not open only certain parts of an assignment document to public inspection. If such a document contains two or more items, any one of which, if alone, would be open to such inspection, then the entire document will be open.

For choice B, if patent issued and the patent application not published under 35 USC 122(b) are related, then assignment is open to public.
But if they are not related, then the second part of the choice will not be open to public, while the issued patent will be open.

Can someone pl explain this?
Thank you,

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6 mypatentbarNo Gravatar March 24, 2010 at 10:45 am

Here’s my take on this:
Answer (B) talks about a single assignment document.

As “S” comments about MPEP 301.01, above “..The Office will not open only certain parts of an assignment document to public inspection. If such a document contains two or more items, any one of which, if alone, would be open to such inspection, then the entire document will be open.”

The assignment document in answer (B) relates to an issued patent, therefore, the assignment document IS OPEN to public inspection in it’s entirety.

So (B) is an incorrect answer choice since the question is looking for a document that is NOT open to public inspection.

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7 SNo Gravatar March 24, 2010 at 11:03 am

You are right, MPB!!!

I missed the “not” part of the question.

Thanks

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8 patentbarNo Gravatar March 24, 2010 at 11:21 am

When I went for my exam review at the PTO I found that I had missed several of these types of questions. (You can read about exam reviews at usptoExam.com under the resources tab) Some example question types are:

…which is proper?

…which is a proper rejection?

…which is not a proper rejection?

The double & triple negatives can get very confusing but practicing the old questions will solve this.

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9 adminNo Gravatar March 24, 2010 at 11:32 am

Here’s my take on this:
Answer (B) talks about a single assignment document.

As “S” comments about MPEP 301.01, above “..The Office will not open only certain parts of an assignment document to public inspection. If such a document contains two or more items, any one of which, if alone, would be open to such inspection, then the entire document will be open.”

The assignment document in answer (B) relates to an issued patent, therefore, the assignment document IS OPEN to public inspection in it’s entirety.

So (B) is an incorrect answer choice since the question is looking for a document that is NOT open to public inspection.

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10 RBL 5/12/12No Gravatar May 7, 2012 at 10:33 pm

Exactly. “(B) Assignment document”, in singular form (cf., documents) can only refer to one document.

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11 Number_27No Gravatar December 15, 2010 at 3:15 pm

Answer D was my choice but I struggled with it because it is unclear whether both the pending patent application and abandoned patent application had not been published, or just the latter.

Badly worded answer.

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12 Colorchem57No Gravatar February 3, 2013 at 3:22 pm

“B” is incorrect becaus assigment documents on an issued patent are open to inspection. “D” is correct because the assignment records are not open in a pending patent application that has not been published. They combined irrelavent information in B, D and E to confuse but once you read very carefully it makes sense.

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