Chapter 700 Flashcards
When there are rejections or objections to a patent application via an examiner, it is possible to defer some for a later time while addressing the others. True or False?
False. Every response must fully address each rejection and objection.
What is covered in the chapter 700 of the MPEP?
Examination of applications
What is a rejection?
A written refusal to grant claims because the subject matter claimed is considered unpatentable is a rejection.
What is an objection?
If the form of the claim, specification or drawing is improper, an objection is made.
How do you test an objection?
To have an objection tested, the examiner must first be asked for reconsideration, and then a petition filed to the Commissioner.
How do you test a rejection?
To test a rejection, first the examiner must be asked for reconsideration an then an appeal pursued to the Patent Trial Appeal Board.
What are the 3 possible things an examiner can do in an official action?
Object, Allow or Reject. (OAR)
On what grounds does an examiner object in an official action?
The examiner objects to a claim when it may or may not satisfy the statutory requirements, but does not satisfy a requirement of the Patent Office Rules
On what grounds does an examiner allow in an official action?
To allow a claim, the examiner checks to see if the claim satisfies the statutory requirements and the non-statutory requirements.
On what grounds does an examiner reject in an official action?
When rejecting a claim, an examiner is indicating that the claim does not satisfy the statutory requirements.
