200 - Types, Cross-Noting, and Status of Application

Question 1

National-stage PCT applications and Rule 53 applications differ in what two ways?

Answer 1

1. Different restriction requirements
2. Under Pre-AIA, 102(e) date for a National Stage application originally published in a foreign language is the date that the last of the translation, oath and fee are submitted. The AIA 102(a)(2) date of a PCT is the earliest effective filing date

Question 2

What does 37 CFR 1.48 allow?

Answer 2

Correction of inventorship in pending applications

Question 3

What is the difference between a provisional and non-provisional application filing?

Answer 3

1. No oath

2. No claims

Question 4

What sections of Rule 48 require a fresh declaration?

Answer 4

ALL, if a new inventor is added

Question 5

What is the circumstance when a continuation cannot be filed to correct inventorship?

Answer 5

When there is no common inventor in the continuation and its parent

Question 6

In a non-provisional, the ________ determines inventorship

Answer 6

oath or declaration or ADS

Question 7

What are the seven no’s for provisional applications?

Answer 7

1. No claims
2. No oath or declaration
3. No examination or amendment
4. No design
5. No claim for priority
6. No IDS
7. No priority to a design application

Question 8

A substitute is ____________

Answer 8

an application which would have been a continuation had it been co-pending

Question 9

A Rule 1.53(d) application is called a _________.

Answer 9

CPA

Question 10

To perfect foreign priority, an applicant must make a ____________ and submit ____________

Answer 10

1. claim

2. a certified copy of the priority document and list the prior filing in an ADS