MPEP 200

Question 1

MPEP 201

Answer 1

National and National-stage Applications, Inventorship, Provisional Applications

Question 2

National and PCT derived national stage applications are the same except for two exceptions

Answer 2

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

Question 3

Requirement to obtain the benefit of an earlier filed application

Answer 3

At least one common inventor between the earlier and later filed applciations

Question 4

Provisional applications do not require IDS. True or False

Answer 4

False

Question 5

Provisiona Applications are ____, _____, and _______

Answer 5

Claimless, unexamined, and temporary (Placeholders to be used to claim priority

Question 6

Requirements for a provisional application includes

Answer 6

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]

Question 7

Rule 1.53(c)

Answer 7

Notice of MIssing Parts and given two months to complete filing

Question 8

What happens if an application lacks a proper cover sheet or cover letter?

Answer 8

Application is treated as a non-provisional

Question 9

What happens if a utility application is filed within one year?

Answer 9

Utility application can take as a prioirty date the date that the provisional was filed

Question 10

Can you file a nonprovisionall application after 12 months?

Answer 10

Yes, up to 14 months and with a $1,700 fee

Question 11

Can provisional applications have amendments or claim prioirity to other applications?

Answer 11

No

Question 12

How do you convert a non-provisional application into a provisional application?

Answer 12

Filing a petition and pay a fee, provided that such request is made within the f irst year after filing

Question 13

How do you convert a provisional application into a non-provisional?

Answer 13

A provisional can be treated a a regular application if such treatment is requested, but this shortens the term.

Question 14

7 Nos of provisional applications

Answer 14

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

Question 15

Which applications are copending and which applicatiosn are not copending?

Answer 15

Substitue applications is not copending and CONs and DIVs are copending

Question 16

List all type of applications (what section of MPEP)

Answer 16

MPEP 201.06 Utility, Continuation, Continuation-in-part, Divisional, and substitue

Question 17

Utility Application

Answer 17

Regular application - Set of papers which is examiend by the Patent Office. Applicants are the inventors and/or owner, and they own the application

Question 18

Continuation Application

Answer 18

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

Question 19

When do you typically file a CON

Answer 19

To Start fresh with prosecution after a Final Rejection, rather than taking an appeal or filing an RCE

Question 20

An Oath is not required for a CON?

Answer 20

True

Question 21

Continuation in Part Application

Answer 21

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

Question 22

Divisional Application

Answer 22

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.

Question 23

Substitute Application

Answer 23

Applications with the same disclosure as an earlier application. Not copending with an earlier application

Question 24

Rule 1.53

Answer 24

Filing of Applications

Question 25

CPA

Answer 25

Continued Prosecution Application - Design Application where the file of hte aprent is continued and the parent is abandoned. CPA has same serial number as the parent and noreference to the parent is inserted. Parent must be abandoned. A CPA of a CPA can be filed

Question 26

Requirements for Naming of Inventors when Filing Application

Answer 26

Naming of the inventors is no longer required to obtain a filing date (Rules 1.41 and 1.53)

Question 27

When an application is filed without an executed oath or declartion but sets forth an inventor’s name, the subsequent submission of an …

Answer 27

oaht, declaration or compliant signed ADS witha diffrernt inventive entity will establish inventorship

Question 28

MPEP 210

Answer 28

Domestic and freign priority

Question 29

Can an application be reissued to properly claim foreign priority

Answer 29

Yes

Question 30

A translation of a foreign priority application is always required

Answer 30

False. Only if the applicant wants to overcome a rejection based upon an invervening reference