MPEP 200 Flashcards
MPEP 201
National and National-stage Applications, Inventorship, Provisional Applications
National and PCT derived national stage applications are the same except for two exceptions
1) Unity of invention practice applies to a PCT applications, but Examiner discretion is applied in national applications and
2)National applications filed without the filing fee, an oath or declaration, or a transaltion are given a filing date and a NOtice of MIssing parts. PCT applications do not get a filing date until the oath or delcaration is filed and any translation necessary is submitted wi ththe filing fee paid
Requirement to obtain the benefit of an earlier filed application
At least one common inventor between the earlier and later filed applciations
Provisional applications do not require IDS. True or False
False
Provisiona Applications are ____, _____, and _______
Claimless, unexamined, and temporary (Placeholders to be used to claim priority
Requirements for a provisional application includes
A spec satifying 112(a) and necessary darwings,
A fee, but no oath or declaration,
A coversheet or signed ADS [identifying 1 the application as a proviiosnal, 2 the name or name of the inventor, 3 residence of each named ivnetor, title of the invention, the name and registration number of the agent or attorneu, the docket number of the filer, and the correspondence address]
Rule 1.53(c)
Notice of MIssing Parts and given two months to complete filing
What happens if an application lacks a proper cover sheet or cover letter?
Application is treated as a non-provisional
What happens if a utility application is filed within one year?
Utility application can take as a prioirty date the date that the provisional was filed
Can you file a nonprovisionall application after 12 months?
Yes, up to 14 months and with a $1,700 fee
Can provisional applications have amendments or claim prioirity to other applications?
No
How do you convert a non-provisional application into a provisional application?
Filing a petition and pay a fee, provided that such request is made within the f irst year after filing
How do you convert a provisional application into a non-provisional?
A provisional can be treated a a regular application if such treatment is requested, but this shortens the term.
7 Nos of provisional applications
No claims, no oath or declaration, no examination or amendments, no design applications, no possible claim for priority, no IDS, and no basis for prioirty for a design application
Which applications are copending and which applicatiosn are not copending?
Substitue applications is not copending and CONs and DIVs are copending
List all type of applications (what section of MPEP)
MPEP 201.06 Utility, Continuation, Continuation-in-part, Divisional, and substitue
Utility Application
Regular application - Set of papers which is examiend by the Patent Office. Applicants are the inventors and/or owner, and they own the application
Continuation Application
Second, third, etc. application by the same applicant for the same invention claimed in a prior, non-provisional applciation and filed bnefore the original becomes abandoned or patented
When do you typically file a CON
To Start fresh with prosecution after a Final Rejection, rather than taking an appeal or filing an RCE
An Oath is not required for a CON?
True
Continuation in Part Application
Second applciation by the same applicant for the same invention claimed in a prior non-provisional applicaiton and filed before it was pateneted or abandoned. CIP repeats some substantial portion of the earlier application and adds matter not disclosed
Divisional Application
Later application for a distinct invention carved out of a pending application and claiming only subject matter disclosed in the earlier parent application. Must be copening with its parent.
Substitute Application
Applications with the same disclosure as an earlier application. Not copending with an earlier application
Rule 1.53
Filing of Applications
