MPEP 100

Question 1

The listed status of an application can be:

Answer 1

Pending,

abandoned,

published, or

issued

Question 2

Status of an application is accessible when:

Answer 2

1. Access can be legally obtained (inventor, owner, etc)
2. App identified in a pub’d patent (foreign or us) or US app open to pub inspection
3. App is in national phase of PCT app in which US is designated

Question 3

DOE and NASA statements

Answer 3

a. Apps relating to radioactivity must include within 30 days a statement detailing use of radioactivity for DOE perusal
b. Apps relating to space go through NASA

Question 4

MPEP Chapter 100

Answer 4

Secrecy, Access, National Security, and Foreign Filing

Question 5

Unpublished applications will be:

Answer 5

thrown away 5 years after going abandoned or

retained indefinitely if it is referenced in a document that is otherwise available

Question 6

Apps will become public when

Answer 6

Upon publication, or

upon issuance

Question 7

Chapter 100 Lookup points:

Answer 7

Access Rights

Application Status

Power to Inspect

Foreign Filing License

Question 8

Foreign filing license (FFL) required in PCT application if:

Answer 8

Some conception or RTP happened in US

Question 9

FFL granted when:

Answer 9

Automatically after 6 mos of filing of ANY US application,

Specifically on filing receipt, or

granting of petition asking for one

Question 10

Can FFL be retroactive?

Answer 10

Yes, by petition stating that app:

Was and is not under secrecy order,

no deceptive intent,

List of countries in which filed

Question 11

Pending applications can be accessed by third party if:

Answer 11

Demonstrated improper purpose

Must SHOW threat and convince PTO

Question 12

Rules to access assignment records:

Answer 12

Access follows the same rules as applications

Question 13

Power to inspect may be granted by:

Answer 13

An applicant;

An attorney or agent of record;

An authorized official of an assignee

Question 14

To stop publication you must:

Answer 14

Expressly abandon the application, and

file Petition to Stop Publication

Question 15

An assignee of entire interest of rights may:

Answer 15

Change representation at will;

and Exclude others at will, including inventor

(licensees can’t do any of this)

Question 16

Copies of redacted published applications:

Answer 16

Can be requested but will only be redacted versions

Question 17

“Provisional rights” are allowed after:

Answer 17

(1) An application is filed;
(2) The application publishes;
(3) The infringer is notified of infringement after publication; and
(4) the infringed claim at issuance is the same as filed claim in application

Question 18

Files always available to the public:

Answer 18

A published application or patent

A reissue application

A reexam proceeding

Question 19

An interference file is available if:

Answer 19

It involves a patent, reissue, or published app, or

if it involves unpublished app, then only after termination

Question 20

The only application that can be filed via facsimile is:

Answer 20

a CPA (design continuation)

Question 21

An inventor who has assigned his or her rights MAY NOT __________ a non-signing joint inventor from accessing an application

Answer 21

Exclude

Question 22

an assignee of a partial interest is entitled to:

Answer 22

inspect the application.

Question 23

It is only the assignee of an ENTIRE interest who can intervene in the ________ of an application or ______ an applicant

Answer 23

prosecution

exclude

Question 24

A member of the public can order a copy of a public patent or application from the Office of Public Records:

Answer 24

with a written request and payment of the appropriate fee.

Question 25

Reversed Queue

a CPA (design continuation)

Answer 25

The only application that can be filed via facsimile is: