As titled, this chapter contains everything else in the MPEP not previously covered which is a possibility to end up on the patent bar exam. This chapter contains 13 sub categories which range from how the USPTO handles mailings, to the duty of disclosure to the rules related to the Patent Cooperation Treaty. This chapter is much broader and spread out then the previous however they are generally much shorter in length and provide for a quick read. The list below contains the sections grouped in this “Everything Else” chapter.
6.1 – MPEP 100 Secrecy, Access, National Security & Foreign Filings
6.2 – MPEP 300 Ownership and Assignment
6.3 – MPEP 400 Representative of Inventor or Owner
6.4 – MPEP 900 Classification and Search
6.5 – MPEP 1000 Matters Decided by USPTO Officials – Petitions
6.6 – SIR
6.7 – MPEP 2000 Duty of Disclosure
6.8 – MPEP 2500 Maintenance Fees
6.9 – MPEP 2700 Patent Terms and Extensions
Concerning each of the topics listed above, here is a brief summary of the content of each:
This section discusses who can access the application content when it is filed. Who has the power to inspect the application. What rights the public has to inspect issued patents, pending applications, provisional applications, reissue applications, re-examinations, decisions of the PTO and petitions. Additionally, topics regarding secrecy orders, foreign filing licenses and issue pertaining to national security are covered.
This chapter deals with the patent as an intangible assets with regards to their personal property rights. How the rights to a patent can be assigned, the accessibility of these assignment records and how they are recorded with the USPTO and if they can be faxed to the USPTO are included. Assignment rights and how they relate to divisional, continuation, substitute, continuation-in-parts and provisional applications are discussed. Finally, certain restriction to employees of the USPTO and how they themselves can file and own patent rights is included.
This section contains information regarding how to execute representation for patent application prosecution, proper correspondence with the USPTO and how to change or revoke representation. Additional material is included for when a representative resigns or for situations where representation ceases due to inventors death for example. The rights of a non-signing inventor at the end.
Section 6.4 provides an overview of how examiners search for prior art. It also provides some general search guidelines.
The subject of petitions is contained in section 6.5 which includes information on timing, who has the authority, and what the different types of petitions are.
This section is a place holder for the Statutory Invention Registration. However, this option has recently been repealed with the America Invents Act and is not longer used. As such, it is not included on the patent bar exam.
The duty of disclosure applied to each inventor, attorney/agent and other people substantially involved in the patent application is contained in section 6.7. This is includes information as to what is required to be disclosed, how it is to be disclosed and what the burden of proof is.
Section 6.8 deals with the necessary topic of maintenance fees. Sub-topics include what is required when sending the maintenance fees, who can sent the maintenance fees and what the timing is for paying the maintenance fees. Also, information regarding what happens if the fees are not paid are included along with how to remedy a non-payment.
Finally, section 6.9 discusses the terms for an issued patent, how they are calculated and how they can be extended. This includes difference in patent terms for utility versus design patents.