plication or an order for the same, unless a showing is made that such a copy has already been furnished to the department or agency which caused the secrecy order to be issued. (c) In a petition for modification of a secrecy order to permit filing abroad, all countries in which it is proposed to file must be made known, as well as all attorneys, agents and others to whom the material will be consigned prior to being lodged in the foreign patent office. The petition should include a statement vouching for the loyalty and integrity of the proposed disclosees and where their clearance status in this or the foreign country is known all details should be given. (d) Consent to the disclosure of subject matter from one application under secrecy order may be deemed to be consent to the disclosure of common subject matter in other applications under secrecy order so long as not taken out of context in a manner disclosing material beyond the modification granted in the first application. (e) The permit or modification may contain conditions and limitations. 5.6 General and group permits. (a) Organizations requiring consent for disclosure of applications under secrecy order to persons or organizations in connection with repeated routine operation may petition for such consent in the form of a general permit. To be successful such petitions must ordinarily recite the security clearance status of the disclosees as sufficient for the highest classification of material that may be involved. (b) Where identical disclosees and circumstances are involved, and consent is desired for the disclosure of each of a specific list of applications, the petitions may be joined. 5.7 Compensation. Any request for compensation as provided in 35 U.S.C. 183 must not be made to the Patent Office but should be made directly to the department or agency which caused the secrecy order to be issued. Upon written request persons having a right to such information will be informed as to the department or agency which caused the secrecy order to be issued. 5.8 Appeal to Secretary. Appeal to the Secretary of Commerce, as provided by 35 U.S.C. 181, from a secrecy order cannot be taken until after a petition for recission of the secrecy order has been made and denied. Appeal must be taken within 60 days from the date of the denial, and the party appealing, as well as the department or agency which caused the order to be issued will be notified of the time and place of hearing. The appeal will be heard and decided by the Secretary or such officer or officers as he may designate. INDEX NOTE: In addition to page numbers, references are also given to the rule A Page Abandoned applications: Abandonment by failure to prosecute, rule 135, sec. 133. Destruction of, rule 14- Express abandonment, rule 138. Fee on petition to revive, sec. 41(a)7____ Not cited, rule 108.- Referred to in issued patents, rule 14-. Revival of, rule 187....... When open to public, rule 14------ Abandonment of application. (See Abandoned application.) 51 96 15 52 18 45 15 52 15 Administrator or executor, May make application and receive patent, Proof of authority, rule 44--- Admission to practice. (See Attorneys and agents.) Affidavit (see also Oath in patent application): After appeal, rule 195– Before declaration of interference, rules 202, 204-- In support of application for reissue, rule 175.. To overcome cited patent or publication, rule 131.. Affidavits and depositions in contested cases, rules for taking, sec. 23.. Agriculture, Secretary of, to furnish information or detail employees to Allowance and issue of patent-Continued Patent to lapse if issue fee is not paid in full, rule 317, sec. 151.. Amendment: Adding or substituting claims, rule 119.. After appeal, rule 116....... After decision on appeal, based on new rejection of Board of Appeals, Page 96 95, 96 96 95 48 47 63 Copying claim of issued patent, rules 204–206, sec 135. 65, 67 Entry and consideration of, rule 122_ 48 Erasures and insertations, rule 121. 48 Form, form 39----- Involving a departure from original invention, rule 118.. Manner of making, rule 121. May be required, rule 117... 131 47 48 47 Petition from refusal to admit, rule 127. Proposed during interference, rule 212. Requisites of, rules 33, 111, 115, 116, 121, 123, 124, 125 Right to amend, rules 111, 115, 116, 127. To correspond to original drawing or specification, rule 118.. 75 70, 75 47 47 42, 49 72 59 51 Appeal to Board of Appeals-Continued Reopening after decision, rule 198.. Statute, sec. 134--- Appeal to Court of Customs and Patent Appeals: Fee provided by rules of court, rule 301_-- From Board of Appeals, rule 301, sec. 141–. From Board of Patent Interferences, rule 301, sec. 141.. Time for, rules 302, 304--- Applicant for patent, rules 41-47---- Informed of serial number of application, rule 55– Required to conduct business with decorum and courtesy, rule 3.......... Application for patent (see also Abandoned application, Assignments, Accepted and filed for examination only when complete, rule 53.......... 30 15 Deceased or insane inventor, rules 42, 43, sec. 117------ 23 0 Effective as of date of earliest foreign application in certain cases, sec. Execution in blank forbidden, rule 56.......... Executor or administrator, rule 42, sec. 117.. Fee for filing, sec. 41(a)1.......... 18 Filed by other than inventor, rules 42, 43, 47, secs. 117, 118... 23, 25 Incomplete papers not accepted and filed for examination, rule 53....... Must be filed within 12 months after foreign application which became Must be made by actual inventor, with exceptions, rules 41, 46--- 3 New, after abandonment, may use old drawings, rule 88.. 42 8 Owned by Government, rule 103, sec. 267_-- 44, 51 1 Papers of complete application not to be returned, rule 59. 33 30 Application for patent, etc.-Continued Parts of complete application, rule 51. Reservation for future application not permitted, rule 79-- Secrecy order, 5.1-5.8, sec. 181... Secret while pending, rule 14, sec. 122- Serial number and filing date, rule 55. Signatures, rules 57, 61, 65, 76--- Single signature form, form 16....... Stricken from the files for irregularities, rule 56...--- To contain but one invention unless connected, rule 141. To whom made, rule 51----- Two or more by same party with conflicting claims, rule 78----- Assignee: Correspondence held with assignee of entire interest, rule 33.. If of undivided part interest, patent may issue jointly, rule 46------- If of undivided part interest, must assent to application for reissue of 21 24, 100 24 21 57, 58 May conduct prosecution of application, rule 32. 21 78 Patent will issue to, if assignment is recorded before payment of final If recorded before payment of final fee, patent will issue to assignee, 100 Must be recorded in Patent Office to issue patent to assignee, rule 334, Must be recorded in Patent Office to secure against subsequent convey- 99 100 Atomic energy applications reported to Atomic Energy Commission, rule 14- 15 |