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MPEP 1700

Miscellaneous (MPEP 1700)

by patentbar on November 29, 2007 · 0 comments

in MPEP 1700

1700 What the Examiner is not allowed to do:

  1. Unless the examiner is in the process of actually examining an application (or taking part in an interference or other proceeding on a patent), he should not make any statement on the validity or patentability of claims in a granted patent, or in an app he is not actually examining. –> Validity/Invalidity is up to the courts to decide. (35 U.S.C. 282)
  2. 37 CFR 11.10 (who can practice as an agent for 3rd parties at the office; what are restrictions on what ex-employees can do):
    1. a. A practionter has to be registered under 37 CFR 11.6 or given limited recognition unde 37 CFR 11.9(a)/(b) (usually when one applicant is designated at a representative for the group).
    2. b. Post-employment for USPTO employees: Nobody in the patent examining core or elsewhere in the Office may practice unless he or she signs a written agreement:
      1. 1. not to represent knowingly or assist in any manner someone who is:
        1. Before the Office
        2. In connection with any particular patent or app
        3. In which the employee actually participated personally or substantially as an employee (no personal involvement)
      2. AND: To not do any representation within a 2 year window of leaving the USPTO if the patent involved was before the office or in any way involved in the Office within a period of 1 year prior to the employee’s termination of employment.

Document Disclosure Program

Retained for 2 years by PTO unless a later application is filed that refers to it; $10 fee; No priority, not a provisional

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