Chapter 2000 Flashcards

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1
Q

Who does the Patent Office impose a duty of candor and good faith?

A

on every individual associated with the filing and prosecution of a patent application -

applicant

his representatives

attorneys/ patent agents assisting in the preparation or prosecution of the patent

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2
Q

How can an applicant or another party comply with his duty to disclose?

A

By submitting information to the Patent Office using an Information Disclosure Statement (IDS)

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3
Q

What is an IDS?

A

a concise written statement listing information, such as printed publication, technical journals, and other activities that may affect the patentability of pending application

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4
Q

Can an IDS be submitted with provisional and non-provisional applications?

A

No. It can only be submitted for non-provisional applications

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5
Q

Is there a fee associated with filing an IDS?

A

No, but if filed after a notice of allowance or a final rejection, then a fee is required

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6
Q

What happens if IDS is submitted after application fee has been paid?

A

It is impractical for the PO to consider newly submitted information, therefore , it will NOT be considered but will be placed in the application file

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