M.P.E.P. 1300 Allowance and Issue

Question 1

Notice of Allowability

Answer 1

What lead to the allowance and can ask for oath, drawings, certified copy.

Reasons for allowance to examiner.

**You can file and request for a

Question 2

Deferring Issuance

Answer 2

No way UNLESS you pay issue fee.

Gives you more time to file outside US.

Only up to 1 Month (30 days)

Question 3

Withdrawal from Issuance

Answer 3

No way UNLESS you pay issue fee.

Question 4

USPTO Withdrawal

Answer 4

For:
1. A mistake on the part of the Office; 
OR
2. A violation of the duty to disclose (fail to reference)
OR
3. Unpatentability of one or more claims; 
OR
4. An interference.

Question 5

Applicant Withdrawal

Answer 5

Petition for:
1. Abandonment to consider the application from issue with a fee;
OR
2. For unpatentability of claim (basically W/Fix/Replace)
- must include a statement identifying which claims are unpatentable;
- must include an amendment
- must include an explanation of how the amended claims are now patentable.

Question 6

Patent Term Extension (PTE)

Answer 6

You could get added time back for:

1. Interference
2. Appeal
3. Secrecy Order

to the extend of more than 3 years of filing date.

Question 7

Patent Term Adjustment (PTA)

Answer 7

May 29, 2000: ABC delay

1. Adminsitrative Delay
2. Overall Pendency from initial filing to issue of more than 3 years;
   OR
3. Patent Term Extension

Question 8

Certain Administrative Delays

Answer 8

14/4/4/4

• Greater than 14 months from intial filing to:
  
  1. Notice of Allowance
  2. First Office Action
  3. Written restriction requirement;
     OR
  4. Examiner’s request for information.
• Greater than 4 months
  1. To reply to an amendment or appeal
  2. To act after decision by Board or CAFC;
  OR
  3. To print patent once issue fee has been paid and all outstanding issues satisfied.

Question 9

What periods are not counted against the three years?

Answer 9

Time consumed:
1. by continued examination under RCE (cuts off PTE);
2. by secrecy order, interference, or appellate review;
AND
3. by applicant-requested delays.

Question 10

On the exam what are you looking for?

Answer 10

May 29, 2000

Question 11

Late Payment of Issue Fee

Answer 11

Paying something late requires that its:
1. Unintended (whoops)
AND
2. Unavoidable (medical)

Rule 1.137

Question 12

Provisional Rights

Answer 12

When an application is published, the subsequent patent includes the right to reasonable royalter from period from when published to getting patent IF:

1. There must be a publication.
2. . The owner of the patent provided actual notice of the published application to the entity.
3. Get a patent.
4. Patent claims are substantially identical to the claims in the published application.