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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

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2
Q

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

A

September 16, 2012

NOTE: Phase 2 of AIA

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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

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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

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5
Q

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

A
  • 2 month SSP
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6
Q

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

A

Three months

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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
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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

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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

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10
Q

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

A

20 Days

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11
Q

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

A

Four Weeks before publication

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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

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13
Q

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

A

September 16, 2012

NOTE: Phase 2 of AIA

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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

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15
Q

Maximum automatic extension of time?

A

Five months

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16
Q

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

A

March 16, 2013

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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
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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.
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19
Q

Deadline to …..petition to challenge PTA calculation?

A

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

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20
Q

Date…… Petition to Make Special changed?

A

On/After……August 25, 2006

On/after this date- only very limited basis

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21
Q

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

A

14 months

MUST be UNINTENTIONAL

NOTE: Design is 8 months

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22
Q

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

A

Two months

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23
Q

(a) Previous Utility patent term?

(b) Transition date?

A
  • 17 years from Issue
  • Before June 8, 1995
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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)

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25
Q

Date for …..initiation of…Post-Grant Review?

A

September 16, 2012

NOTE: Phase 2 of AIA

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26
Q

(a) Current Utility patent term?

(b) Transition date?

A
  • 20 year term from earliest nonprovisional priority date
  • On/after June 8, 1995
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27
Q

Time from earliest effective filing date to submit REDACTED copy for publication if foreign app had less extensive description?

A

16 months

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28
Q

(a) Previous DESIGN patent term?

(b) Transition date?

A
  • 14 years from grant date
  • On/after May 13, 2015

Note: also date Hague Agreement on Industrial Designs went into effect

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29
Q

Maximum time for SUSPENSION OF ACTION of an application initiated by the Office (good & sufficient cause)

A

Six months

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30
Q

Time passed since US filing for automatic granting of Foreign Filing License?

A

6 months

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31
Q

Deadline to …….pay ISSUE FEE ….and…..file formal drawings?

(If missed?)

A

Three months

Unextendable

Can be paid late upon proper showing

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32
Q

Deadline for responding to ………….. a Double Patenting Rejection?

A
  • 3 month SSP
  • 3 month extension possible

Total: 6 months

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33
Q

Date for NAFTA?

A

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

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34
Q

Shortest shortened statutory period for responding to a PTO requirement?

A

One Month - includes filing a compliant amended appeal Brief if 1st was non-compliant

35
Q

Date …………..RCE becomes available for utility applications?

A

June 8, 1995

NOTE: Same date as Transition date for patent term, etc.

36
Q

Date for …..initiation of…Pre-Issuance Submissions?

A

September 16, 2012

NOTE: Phase 2 of AIA

37
Q

Deadline for responding to………….. a First Action?

A

3 free

(3 more for a fee)

38
Q

Date …………..Transition date for DESIGN patent term?

A

On/After…… May 13, 2015
- 15 year term

BEFORE: Was 14 years

Also, date Hague Agreement on Industrial Designs went into effect

39
Q

Deadline for …………..Recording an assignment?

A

Later of…
- Within 3 months
- Prior to 2nd assignment, grant, conveyance

NOTE: Failure to record licenses doesn’t defeat rights

40
Q

Deadline for …………Restoration of Rights?

A

Within TWO MONTHS of missed filing plus hefty FEE
(equals 14 months from provisional filing date)

41
Q

Deadline for filing……a BROADENING REISSUE application?

A

Two years

42
Q

Deadline for responding to ………….. Official Actions?

A
  • 3 month SSP
  • 3 month extension possible

Total: 6 months

43
Q

(a) Date of Phase 2 of the AIA?

(b) Changes?

A

(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
Q

(a) Current DESIGN patent term?

(b) Transition date?

A
  • 15 years from grant date
  • On/after May 13, 2015

Note: also date Hague Agreement on Industrial Designs went into effect

45
Q

Due dates for …..Maintenance Fees?

A

3 1/2, 7 1/2 and 11 1/2 years after Issue

NOTE: No fees for Design Patents

46
Q

Normal Shortened Statutory Period to respond to an Official Action?

A

Three months

(6 month statutory period)

47
Q

Deadline for filing ……………..a complete, certified copy of “reference” application after filing as a REFERENCE FILING?

A
  • Within 4 months of filing
  • Within 16 months of original filing date
48
Q

(a) Date ……… U.S. applications started to be automatically published?

(b) When published?

A

(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
Q

Deadline to …… to request a refund for SMALL ENTITY status?

A

Six months

Unextendable

50
Q

Deadline to file …… DOE & NASA statements?

A

First request is “informal: statement request: 45 days to respond

Next is Formal Request: 30 Days to respond (Unextendable)

51
Q

Date for …..New AIA oath/declaration requirements?

A

September 16, 2012

NOTE: Phase 2 of AIA

52
Q

Times you can go past 6 months?

A
  • 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
Q

Deadline for responding to ………….. a Restriction Requirement?

A
  • 2 month SSP
  • 4 month extension possible

Total: 6 months

54
Q

Deadline to …. appeal FINAL DECISION of PTA to the District Court of Eastern District of Virginia?

A

180 days after PTA denial

55
Q

Deadline to ……. rescind NON-PUBLICATION REQUEST (say where & when filed) to avoid abandonment?

A

45 Days from Foreign Filing Date

56
Q

Date ………….. CPA’s now only Design app?

A

June 8, 1995

NOTE: Same date as Transition date for patent term, etc.

57
Q

Date …………..Transition date for patent term?

A

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
Q

Date for …..end of….Covered Business Method Review

A

September 16, 2012

NOTE: Phase 2 of AIA

59
Q

Date ………….. Hague Agreement on Industrial Designs ….. went into effect?

A

On/After…… May 13, 2015

Also, transition date for DESIGN patent term

60
Q

Deadline for ….Foreign Priority for…
(a) Utility?
(B) Design?

A

(a) Utility: One Year
(b): Design: 6 months

61
Q

Deadline for filing ………….. a Preliminary Amendment?

A

EARLIER of:
- 3 months from filing
- First Action

62
Q

Duration PATENT OFFICE employees are excluded from being ASSIGNEE for patents (other than by inheritance or bequest)?

A

One year

63
Q

Time after Final Action to “Pit of Despair” (abandonment)?

A

6 months

64
Q

Deadline for filing…. a petition to institute an INTER PARTES REVIEW for a patent after being at least charged with infringement (or sued)?

A

One year

65
Q

Deadline to… enter the National Stage from a PCT?

A

30 months from the filing of the Priority Document

66
Q

Publication of … International Application and International Search Report (and Article 19 Amendments, if filed)?

A

18 months from priority document

67
Q

Timeline for… Written International Search Report sent from International Searching Authority to applicant and International Bureau?

A

16 months from priority document

68
Q

Deadline for… submitting certified copy of priority document to the International Bureau or Receiving Office (PCT process)?

A

16 months from priority document

69
Q

Deadline for filing…Article 19 Amendments (optional part of PCT process)

A

Later of….
- ISR + 2 months (ISR is sent at 16 months)
- 16 months from Priority document

70
Q

Deadline for filing…PCT Chapter II Demand

A

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
Q

Deadline… for recording an assignment… if application was filed NOT by inventor?

A

Date Issue Fee is paid

72
Q

When does FREE period end for responding to a FINAL ACTION?

A

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
Q

After Final Rejection….
- (a) Date application will be held abandoned?
- (b) Date of Abandonment?

A

(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
Q

Significance of….
…..Notice of Appeal MAIL date (if Cert. of Mailing) versus…
…..Notice of Appeal RECEIVE date (at the Patent Office)

A
  • 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
Q

What happens to deadline when a response is filed to a Final Rejection in a REEXAMINATION?

A

Automatically extends the deadline for response by…. TWO months

(but can only be extended further for cause)

76
Q

Deadline to file… a COMPLIANT amended APPEAL BRIEF after first was non-compliant

A

One month

77
Q

Deadline to request … and ORAL HEARING during an APPEAL?

A

Within 2 months after Examiner’s Answer is sent

  • Extendable only for cause
78
Q

Deadline to file…. a REPLY BRIEF in an APPEAL?

A

Within 2 months after Examiner’s Answer is sent (Matter or Right)

  • Extendable only for cause
79
Q

Deadline to request … a REHEARING during an APPEAL?

A

Within 2 months after Decision of the Board

80
Q

How long can an applicant …DEFER ISSUANCE of a patent?

A

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
Q

Patent Term Adjustments for….Administrative Delays?

A

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
Q

Patent Term Adjustments for…. OVERALL PENDENCY?

A

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
Q

Patent Term Adjustments for…. Delays due to Interferences, Secrecy Orders and SUCCESSFUL Appeals

A

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)

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