Chapter 600 Flashcards
What do you swear through an oath?
The named inventors swear that they believe that they are the first inventors of the subject matter which is claimed
Is an oath or declaration required to obtain a filing date?
No, but it will eventually need either one for non-provisional application
What happens when a new matter is added to the an application, or continuation-in-part application?
A new or supplemental oath or declaration is required
Under AIA, who can be an applicant and file and prosecute a patent application?
an assignee
a person who otherwise showed sufficient proprietary interest in the matter
Under AIA, how can an applicant postpone filing of inventor’s oath or declaration?
If the applicant filed a signed application data sheet (ADS) identifying inventive entity, then the applicant may postpone submission of the inventor’s oath or declaration until Patent Office issues Notice of Allowability
Under AIA, what are the requirements if the inventor is deceased, under legal capacity, or cannot be found or reached after diligent effort, or is under obligation to sign but has refused to execute an oath or declaration?
The inventor can file a substitute statement in lieu of an oath or declaration
Which applications do the new inventor’s oath and declaration provisions in the AIA apply to?
It only applies to applications actually filed on or after September 16, 2012
Under section 112, what are the requirements for the specifications?
written description requirement
enablement requirement
best mode requirement
What does the disclosure include?
specification
drawings
What is 35 USC 132?
It allows examiner to reject or object addition of new matter and requires cancellation of the new matter
How does introduction of new matter be rejected under 35 USC 112?
The new matter is not described in the application as originally filed and it affects the scope of the claims
