Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Post-Course Study Cards > Dates and Deadlines > Flashcards

Dates and Deadlines Flashcards

1
Q

Deadline to …… respond to Remand by the Board?

A

30 Days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Date for …..initiation of…Inter Partes Review?

A

September 16, 2012

NOTE: Phase 2 of AIA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Date for WTO?

A

January 1, 1996

NOTE: Date of invention in country counts (pre-AIA)

Purpose-establish APPLICANTS right to own a patent & move back date of invention as prior art. DO NOT change what is prior art under 102. Allows US patent applicant to establish earlier date to defeat prior art. “Beat the date” w/ activity here too

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Deadline for ……………Asserting (Perfecting) Priority?

(If missed?)

A

Later of…
- 4 months of filing date
- 16 months of earliest priority date

NOTE: in a signed ADS

If missed and UNINTENTIONAL and up until day of Issue:
- With PETITION and FEE
- If close to Issue- may need Certificate of Correction

If AFTER ISSUE:
- Must file Reissue application

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Deadline for responding to ………….. Ex Parte Quayle action?

A
  • 2 month SSP
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Maximum time for “No Cause” Suspension of Action for a CPA or RCE?

A

Three months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Date……Patent Law Implementation Treat Act of 2012 ((PLTIA) took effect?

A

December 18, 2013

  • A claim is no longer required in order to have a filing date awarded
  • Single standard (unintentional) to revive an abandoned application
  • Accepting a delayed patent owner response in a reexam
  • Accepting a delayed maintenance fee payment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Deadline for submission of …… clean copy of AMENDED app for publication?

A

BEFORE the later of…
- 1 month from actual filing date
- 14 month from earliest benefit claim (unless conf # was received later)

NOTE: Instead of publication as filed; Must be submitted by EFS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Deadline …..for COPYING CLAIM of issued patent or published application for Interference, or for initiating a DERIVATION proceeding?

A

One Year after Publication or Issuance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Deadline to …..notify if Real Party of Interest changes during appeal

A

20 Days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Deadline to…. file a petition for Express Abandonment to avoid publication

A

Four Weeks before publication

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Deadline for filing ………….. an Appeal Brief?

A
  • 2 month deadline (not statutory)
  • Full 5 month extension possible

NOTE: Once of few times you can go past 6 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Date for ….. initiation of …..Supplemental Examination?

A

September 16, 2012

NOTE: Phase 2 of AIA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Deadline for filing………….. an IDS?

(If missed?)

A

LATER of…
- Within 3 months (2 months if Reissue)
- Before 1st Office Action

No extension, even for cause

If MISSED and after 3 months from filing date/1st action and BEFORE final Action/Allowance:
- Statement OR fee required w/ IDS

If MISSED and after final Action/Allowance but BEFORE issue fee paid:
- Statement AND Fee required w/ IDS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Maximum automatic extension of time?

A

Five months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Date for …. implementation of AIA 102, (including changes to prior art effective dates) and “first to file.”?

A

March 16, 2013

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Term for holding ……..Biotech sample according …….to Budapest Treaty?

A
  • At least 30 years
  • Also at least 5 years after most recent request
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Deadline for filing ……………a 3rd party preissuance submission?

A

Due BEFORE deadline (and no pushing out if it calls on weekend or holiday)

EARLIER of…
- Date of ALLOWANCE (PRE-ISSUANCE Citation!!)

and

  • LATER of…
    - 6 months after the date application is FIRST PUBLISHED by the USPTO, or
    - date of the FIRST REJECTION of any claim by the examiner.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Deadline to …..petition to challenge PTA calculation?

A

Two months after patent grant
(Extendable 1.136(a))

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Date…… Petition to Make Special changed?

A

On/After……August 25, 2006

On/after this date- only very limited basis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Deadline for……PLTIA Restoration of Foreign Priority for a UTILITY application?

A

14 months

MUST be UNINTENTIONAL

NOTE: Design is 8 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Deadline for….. filing petition after decision on reconsideration by the examiner?

A

Two months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

(a) Previous Utility patent term?

(b) Transition date?

A
  • 17 years from Issue
  • Before June 8, 1995
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Deadline for response to…………. Notice of Missing Parts?

A

If corresponding address:
- 3 months from filing date (up to 5 month extension)

If other than corresponding address:
- 2 months from mailing date of Notice of Missing Parts (up to 5 month extension)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Date for .....initiation of...Post-Grant Review?
September 16, 2012 NOTE: Phase 2 of AIA
26
(a) Current Utility patent term? (b) Transition date?
- 20 year term from earliest nonprovisional priority date - On/after June 8, 1995
27
Time from earliest effective filing date to submit REDACTED copy for publication if foreign app had less extensive description?
16 months
28
(a) Previous DESIGN patent term? (b) Transition date?
- 14 years from grant date - On/after May 13, 2015 Note: also date Hague Agreement on Industrial Designs went into effect
29
Maximum time for SUSPENSION OF ACTION of an application initiated by the Office (good & sufficient cause)
Six months
30
Time passed since US filing for automatic granting of Foreign Filing License?
6 months
31
Deadline to .......pay ISSUE FEE ....and.....file formal drawings? (If missed?)
Three months Unextendable Can be paid late upon proper showing
32
Deadline for responding to .............. a Double Patenting Rejection?
- 3 month SSP - 3 month extension possible Total: 6 months
33
Date for NAFTA?
December 8, 1993 NOTE: Canada/Mexico; Date of invention in country counts (pre-AIA) Purpose-establish APPLICANTS right to own a patent & move back date of invention as prior art. DO NOT change what is prior art under 102. Allows US patent applicant to establish earlier date to defeat prior art. “Beat the fate” w/ activity here too
34
Shortest shortened statutory period for responding to a PTO requirement?
One Month - includes filing a compliant amended appeal Brief if 1st was non-compliant
35
Date ..............RCE becomes available for utility applications?
June 8, 1995 NOTE: Same date as Transition date for patent term, etc.
36
Date for .....initiation of...Pre-Issuance Submissions?
September 16, 2012 NOTE: Phase 2 of AIA
37
Deadline for responding to.............. a First Action?
3 free (3 more for a fee)
38
***************************** Date ..............Transition date for DESIGN patent term? *****************************
On/After...... May 13, 2015 - 15 year term BEFORE: Was 14 years Also, date Hague Agreement on Industrial Designs went into effect
39
Deadline for ..............Recording an assignment?
Later of… - Within 3 months - Prior to 2nd assignment, grant, conveyance NOTE: Failure to record licenses doesn’t defeat rights
40
Deadline for ............Restoration of Rights?
Within TWO MONTHS of missed filing plus hefty FEE (equals 14 months from provisional filing date)
41
Deadline for filing......a BROADENING REISSUE application?
Two years
42
Deadline for responding to .............. Official Actions?
- 3 month SSP - 3 month extension possible Total: 6 months
43
(a) Date of Phase 2 of the AIA? (b) Changes?
(a) September 16, 2012 (b) changes include... - New AIA oath/declaration requirements - Supplemental Examination - Pre-Issuance Submissions - Inter Partes Review - Post-Grant Review - NOW over: Covered Business Method Review
44
(a) Current DESIGN patent term? (b) Transition date?
- 15 years from grant date - On/after May 13, 2015 Note: also date Hague Agreement on Industrial Designs went into effect
45
Due dates for .....Maintenance Fees?
3 1/2, 7 1/2 and 11 1/2 years after Issue NOTE: No fees for Design Patents
46
Normal Shortened Statutory Period to respond to an Official Action?
Three months (6 month statutory period)
47
Deadline for filing .................a complete, certified copy of “reference” application after filing as a REFERENCE FILING?
- Within 4 months of filing - Within 16 months of original filing date
48
********************************************************** (a) Date ......... U.S. applications started to be automatically published? (b) When published? **********************************************************
(a) On/After..... November 29, 2000 (b) 18 months from earliest filing date (Pre-Grant Publication (PG_PUB)) NOTE: If International Application (IA) designates US & publishes in English, accrues a 102(e)(1) date ************************************************* FOT/11/29/2000/DUSE *************************************************
49
Deadline to ...... to request a refund for SMALL ENTITY status?
Six months Unextendable
50
Deadline to file ...... DOE & NASA statements?
First request is "informal: statement request: 45 days to respond Next is Formal Request: 30 Days to respond (Unextendable)
51
Date for .....New AIA oath/declaration requirements?
September 16, 2012 NOTE: Phase 2 of AIA
52
Times you can go past 6 months?
- Filing an Appeal Brief: 2 + 5 - Responding to Notice to File Missing Parts - Missing corresponding address: 3+5 - Missing other than corresponding address: 2+5 - Responding to a RTA calculation
53
Deadline for responding to .............. a Restriction Requirement?
- 2 month SSP - 4 month extension possible Total: 6 months
54
Deadline to .... appeal FINAL DECISION of PTA to the District Court of Eastern District of Virginia?
180 days after PTA denial
55
Deadline to ....... rescind NON-PUBLICATION REQUEST (say where & when filed) to avoid abandonment?
45 Days from Foreign Filing Date
56
Date .............. CPA’s now only Design app?
June 8, 1995 NOTE: Same date as Transition date for patent term, etc.
57
***************************** Date ..............Transition date for patent term? *****************************
June 8, 1995 - On/After: 20 year term from earliest nonprovisional priority date - Before: 17 year fixed term Restriction transition procedure available- if pending at least 3 years as of this date - Avoid restriction w/ payment of fee-if same restriction not made in parent before April 8 AND applicant had not by own actions caused examiner to issue restriction NOTE: Same date as CPAs for Design and RCE for utlitiy apps
58
Date for .....end of....Covered Business Method Review
September 16, 2012 NOTE: Phase 2 of AIA
59
Date .............. Hague Agreement on Industrial Designs ..... went into effect?
On/After...... May 13, 2015 Also, transition date for DESIGN patent term
60
Deadline for ....Foreign Priority for... (a) Utility? (B) Design?
(a) Utility: One Year (b): Design: 6 months
61
Deadline for filing .............. a Preliminary Amendment?
EARLIER of: - 3 months from filing - First Action
62
Duration PATENT OFFICE employees are excluded from being ASSIGNEE for patents (other than by inheritance or bequest)?
One year
63
Time after Final Action to “Pit of Despair” (abandonment)?
6 months
64
Deadline for filing.... a petition to institute an INTER PARTES REVIEW for a patent after being at least charged with infringement (or sued)?
One year
65
Deadline to... enter the National Stage from a PCT?
30 months from the filing of the Priority Document
66
Publication of ... International Application and International Search Report (and Article 19 Amendments, if filed)?
18 months from priority document
67
Timeline for... Written International Search Report sent from International Searching Authority to applicant and International Bureau?
16 months from priority document
68
Deadline for... submitting certified copy of priority document to the International Bureau or Receiving Office (PCT process)?
16 months from priority document
69
Deadline for filing...Article 19 Amendments (optional part of PCT process)
Later of.... - ISR + 2 months (ISR is sent at 16 months) - 16 months from Priority document
70
Deadline for filing...PCT Chapter II Demand
Later of.... - ISR + 3 months (ISR is sent at 16 months) - 22 months from Priority document NOTE: **must in practice file demand by 19 months for Article 22 transitional reservation countries**
71
Deadline... for recording an assignment... if application was filed NOT by inventor?
Date Issue Fee is paid
72
When does FREE period end for responding to a FINAL ACTION?
Two Month Rule: - If Response is filed within TWO months, the FEE for Extension (up to SIX months from Final) is... - THREE months from Final Rejection...if Advisory Action is mailed < 3 months - Calculated from Advisory Action date...if Advisory Action is mailed > 3 months - If Response is not filed within TWO months, then FREE period ends at 3 months from Final
73
After Final Rejection.... - (a) Date application will be held abandoned? - (b) Date of Abandonment?
(a) Date HELD abandoned 6 months from Final (b) Date of ABANDONMENT? Date response was dues with SSP Rule 1.136(a): (automatic) extensions can be obtained AFTER initial deadline, but if extension isn’t filed or is ineffective, app is abandoned as of original due date
74
Significance of.... .....Notice of Appeal MAIL date (if Cert. of Mailing) versus... .....Notice of Appeal RECEIVE date (at the Patent Office)
- MAIL DATE (w/ Cert of Mailing) used to determine timely filing of Notice of Appeal. - RECEIVED DATE (at the Patent Office) used to determine when the Appeal Brief is due (2 months from Notice of Appeal receive date) When Cert of Mailing is used, these dates may/will be different
75
What happens to deadline when a response is filed to a Final Rejection in a REEXAMINATION?
Automatically extends the deadline for response by.... TWO months (but can only be extended further for cause)
76
Deadline to file... a COMPLIANT amended APPEAL BRIEF after first was non-compliant
One month
77
Deadline to request ... and ORAL HEARING during an APPEAL?
Within 2 months after Examiner's Answer is sent - Extendable only for cause
78
Deadline to file.... a REPLY BRIEF in an APPEAL?
Within 2 months after Examiner's Answer is sent (Matter or Right) - Extendable only for cause
79
Deadline to request ... a REHEARING during an APPEAL?
Within 2 months after Decision of the Board
80
How long can an applicant ...DEFER ISSUANCE of a patent?
No more than one month (unless a showing of extraordinary circumstances) - Request after Notice of Allowance and Issue Fee has been paid (requires petition)
81
Patent Term Adjustments for....Administrative Delays?
BASIS A: Administrative Delays- One day awarded per day of delay over 14/4/4/4: - 14 MONTHS- From Initial (or National Stage) filing to one of... - Notice of Allowance - First Office Action (Including Ex Parte Quayle Action) - Written restriction requirement - Examiner's Request for information - FOUR MONTHS - to reply to an amendment or appeal (from when received) - FOUR MONTHS - to act after decision by court of competent jurisdiction - FOUR MONTHS - to print patent once Issue Fee is paid and all outstanding issues satisfied
82
Patent Term Adjustments for.... OVERALL PENDENCY?
One day awarded per day of delay over.......THREE years - But, time consumed by these things do not count: - Continued examination under RCE - Secrecy order - Interference - Appellate Review - APPLICANT requested delays
83
Patent Term Adjustments for.... Delays due to Interferences, Secrecy Orders and SUCCESSFUL Appeals
MUST be an allowance of at least one claim after remand No extension if Subject to terminal disclaimer No extension for any time appellant didn't act with due diligence

Post-Course Study Cards (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions