[PIUG List] RE: 35 USC 122(b)(2)(B) - Request for Application NOT to be Published

I haven't received any responses regarding my previous posting attached
below. The application is still not available on PAIR. Anyone know the
answer to any of my questions? If there is anyone from the USPTO on
this list I can give them the serial number?

 

Regards,

 

Simon

________________________________

From: Simon Ochsenbein
Sent: Thursday, 31 January 2008 11:01 AM
To: piug_discussion_list_at_v2.listbox.com
Subject: 35 USC 122(b)(2)(B) - Request for Application NOT to be
Published

 

I want to track the progress of a US application (X) that was filed far
more than 18 months ago. It has not been published by the USPTO and it
is not available in Public PAIR. X claims benefit from a published US
patent (Y). X is also the priority document for a published PCT
application. I downloaded X from WIPO's website and this 'priority
document' indicates that X was a Divisional of Y. The Public PAIR entry
for Y indicates that X is live.

 

Why isn't X published and available on Public PAIR? Is there someone I
contact at the USPTO? I didn't have any luck enquiring through the
general phone number.

 

The Divisional status of X rules out the need to maintain a Secrecy
Order on X. Correct?

 

The only other reason I can think of, apart from an oversight, for
non-publication of X is that it was requested by the applicant.

 

Under 35USC122(b)(2)(B): if the applicant fails to notify the director
that an application for the invention has been filed in a foreign
country within 45 days the US application is regarded as abandoned. How
does the USPTO know if the applicant failed to notify it within the
prescribed period? Does the USPTO conduct patent family searches for US
applications which are subject to a request under 35USC122(b)(2)(B)?
More importantly, is there a mechanism for third parties to notify the
USPTO of foreign equivalents?

 

If an application which was subject to a request under 35USC122(b)(2)(B)
is 'regarded as abandoned', will it subsequently be published and
available on Public PAIR? After all, the specification was put in the
public domain by WIPO.

 

 

Simon Ochsenbein

 

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Received on Tue Feb 05 2008 - 02:16:30