2021年8月30日 星期一

美國專利審查的特別優先審查方案筆記 - MPEP 708.02

專利審查原本應該是"按照申請順序依序審查",但USPTO仍提出一些「例外」規定,事實上就是常見於各國專利局提出的加速審查或優先審查方案,所謂例外,如「加速審查費用」、「各國之間的加速審查協定,如PPH」、「各國針對特定產業、有關全體人類福祉提出的優先審查方案,如能源、傳染病防治、國防安全等」,本篇筆記的是「MPEP 708.02 Petition To Make Special」中幾個可以特別優先審查的方案。

USPTO資料:

之前的報導:
- MPEP 708.02(a) 審查指南中加速審查的規定(https://enpan.blogspot.com/2010/08/mpep-70802a.html

先講有幾個可以優先審查的特例:基於申請人的年紀或健康因素、發明為增進環境品質、能源開發或保護的貢獻,反恐的貢獻,這幾項特例可以向專利局提出「request for prioritized examination」以優先審查。

幾個不用費用的例外優先審查理由:

(1) The applicant’s age or health;
(2) That the invention will materially:
(i) Enhance the quality of the environment; 
(ii) Contribute to the development or conservation of energy resources; or 
(iii) Contribute to countering terrorism.

i. 申請人健康:提出關於"發明人或共同發明人"健康狀況的證據(醫師/醫藥證明),證明不能在一般程序中有效地協助專利審查。(編按,發明人本身就是專利申請案當然的applicant,因此不應該是一般認知經過受讓後的申請人)

I. APPLICANT’S HEALTH

An application may be made special upon a petition by applicant accompanied by any evidence showing that the state of health of the inventor or joint inventor is such that he or she might not be available to assist in the prosecution of the application if it were to run its normal course, such as a doctor’s certificate or other medical certificate. No fee is required for such a petition. See 37 CFR 1.102(c).

Personal/medical information submitted as evidence to support the petition will be available to the public if the application file and contents are available to the public pursuant to 37 CFR 1.11 or 1.14. If applicant does not wish to have this information become part of the application file record, the information must be submitted pursuant to MPEP § 724.02.

ii. 申請人年紀:提出"發明人或共同發明人"年紀在65歲或以上的聲明。(編按,同樣地,合理地,這裡的applicant指的是發明人,而非經過受讓後的申請人)

II. APPLICANT’S AGE

An application may be made special upon filing a petition including any evidence showing that the inventor or joint inventor is 65 years of age, or more, such as a statement by the inventor or joint inventor or a statement from a registered practitioner that he or she has evidence that the inventor or joint inventor is 65 years of age or older. No fee is required with such a petition. See 37 CFR 1.102(c).

The petition can be filed as a Web-based ePetition. See the ePetition Resource Page (www.uspto.gov/patents- application-process/applying-online/epetition-resource-page).

Personal/medical information submitted as evidence to support the petition will be available to the public if the application file and contents are available to the public pursuant to 37 CFR 1.11 or 1.14. If applicant does not wish to have this information become part of the application file record, the information must be submitted pursuant to MPEP § 724.02.

iii. 環境品質:關於環境品質的增進,維護人類基本生命維持或恢復的發明。(編按,這部分與實質技術相關,就不同於以上年紀與健康因素,因此就比較沒有"發明人"的角色,並提到申請人、"assignee"或代理人等可以提出聲明)

III. ENVIRONMENTAL QUALITY

The U.S. Patent and Trademark Office will accord "special" status to all patent applications for inventions which materially enhance the quality of the environment of mankind by contributing to the restoration or maintenance of the basic life-sustaining natural elements, i.e., air, water, and soil. Any petition to make special filed under this subsection must comply with the requirements set forth in MPEP § 708.02(a).

All applicants desiring to participate in this program should petition that their applications be accorded "special" status. The petition under 37 CFR 1.102 must state that special status is sought because the invention materially enhances the quality of the environment of mankind by contributing to the restoration or maintenance of the basic life-sustaining natural elements. No fee is required for such a petition. See 37 CFR 1.102(c). If it is not clear from the application's disclosure that the claimed invention materially enhances the quality of the environment by contributing to the restoration or maintenance of one of the basic life-sustaining natural elements, the petition must be accompanied by a statement under 37 CFR 1.102 by the applicant, assignee, or an attorney/agent registered to practice before the Office explaining how the materiality standard is met. The materiality standard does not permit an applicant to speculate as to how a hypothetical end-user might specially apply the invention in a manner that could materially enhance the quality of the environment. Nor does such standard permit an applicant to enjoy the benefit of advanced examination merely because some minor aspect of the claimed invention may enhance the quality of the environment.

iv. 能源:關於能源的發現與開發,或是更有效率的能源使用與保護。

IV. ENERGY

The U.S. Patent and Trademark Office will, on petition, accord "special" status to all patent applications for inventions which materially contribute to (A) the discovery or development of energy resources, or (B) the more efficient utilization and conservation of energy resources. Examples of inventions in category (A) would be developments in fossil fuels (natural gas, coal, and petroleum), hydrogen fuel technologies, nuclear energy, solar energy, etc. Category (B) would include inventions relating to the reduction of energy consumption in combustion systems, industrial equipment, household appliances, etc. Any petition to make special filed under this subsection must comply with the requirements set forth in MPEP § 708.02(a).

All applicants desiring to participate in this program should petition that their applications be accorded "special" status. The petition under 37 CFR 1.102 must state that special status is sought because the invention materially contributes to category (A) or (B) set forth above. No fee is required for such a petition, 37 CFR 1.102(c). If the application disclosure is not clear on its face that the claimed invention materially contributes to category (A) or (B), the petition must be accompanied by a statement under 37 CFR 1.102 by the applicant, assignee, or an attorney/agent registered to practice before the Office explaining how the materiality standard is met. The materiality standard does not permit an applicant to speculate as to how a hypothetical end-user might specially apply the invention in a manner that could materially contribute to category (A) or (B). Nor does such standard permit an applicant to enjoy the benefit of advanced examination merely because some minor aspect of the claimed invention may be directed to category (A) or (B).

v. 反恐:根據18 U.S.C. 2331定義,國際恐怖主義的活動如:危及人類生命的活動、恐嚇或脅迫平民、通過恐嚇或脅迫影響政府的政策、暗殺或綁架政府的行為。

V. INVENTIONS FOR COUNTERING TERRORISM

In view of the importance of developing technologies for countering terrorism and the desirability of prompt disclosure of advances made in these fields, the U.S. Patent and Trademark Office will accord "special" status to patent applications for inventions which materially contribute to countering terrorism. Any petition to make special filed under this subsection must comply with the requirements set forth in MPEP § 708.02(a).

International terrorism as defined in 18 U.S.C. 2331 includes "activities that - (A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; [and] (B) appear to be intended - (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by assassination or kidnapping..." The types of technology for countering terrorism could include, but are not limited to, systems for detecting/identifying explosives, aircraft sensors/security systems, and vehicular barricades/disabling systems.

All applicants desiring to participate in this program should petition that their applications be accorded special status. The petition under 37 CFR 1.102 must state that special status is sought because the invention materially contributes to countering terrorism. No fee is required for such a petition. See 37 CFR 1.102(c). If the application disclosure is not clear on its face that the claimed invention is materially directed to countering terrorism, the petition must be accompanied by a statement under 37 CFR 1.102 by the applicant, assignee, or an attorney/agent registered to practice before the Office explaining how the invention materiality contributes to countering terrorism. The materiality standard does not permit an applicant to speculate as to how a hypothetical end-user might specially apply the invention in a manner that could counter terrorism. Nor does such standard permit an applicant to enjoy the benefit of advanced examination merely because some minor aspect of the claimed invention may be directed to countering terrorism.


Ron

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