MPEP Q & A 1: Major Types of Patent Status

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Question:

What are the 3 major types of patent status?

Answer:

The 3 major types of patent status include: pending applications, abandoned applications, and issued patents.

Chapter Details:

The answer to this question can be found in chapter 100 of the MPEP. This chapter covers Secrecy, Access, National Security, and Foreign Filing. The question and answer is from the 9th Edition, Revision 07.2015.

Section Summary:

This question specifically comes from section 101 of the MPEP.  The following is a brief summary of section 101.

 

101  General

Patent applications must be kept confidential. Approved patents, however, are freely open to the public (unless they are under a secrecy order).

There are 3 major types of patent status. These include pending applications, abandoned applications, and issued patents. 37 C.F.R. 1.14 discusses the rules regarding the confidentiality of an application’s status.

In addition, 37 C.F.R. 1.14 covers the confidentiality of patent applications in regards to instances when application status may be revealed to private parties within the public. 35 U.S.C. 122 states the specific times when patent related documents will be published by the PTO.

 

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