M.P.E.P. 2300- 2700 Mixed

Question 1

2300

Answer 1

Interferences

102 (g)

Question 2

Interferences

Answer 2

An application (including a reissue application) and a Patent (but never between two patents), to determine which inventive entity is entitled to obtain a patent covering an invention both seek to patent.

You fight over “the count” - the fought over claim

Question 3

Where does interference apply?

Answer 3

1. Anything filed before March 16, 2013

2. If one claim finds support before, all claims will be treated to old law.

Question 4

How does a interference begin?

Answer 4

There must be identical claims.

Examiner will request that they copy the claims.

Must be done within 1 year of the date of publication of the application or patent from which the claim is being copied.

Question 5

What happens to the loser?

Answer 5

They lose the count and the count can be used as prior art against the loser.

Question 6

What happens if you do not respond to a request to copy claims?

Answer 6

Its treated as an admission of prior art against you.

Same as losing

Question 7

Two Ways to Start an Interference

Answer 7

1. PTO requesting that you copy the claims of an application, or if applicant, copy the patent claims.
2. You copy the claim, from a published application or issued patent.
   • Must be within 1 year from date of issue or publishcation

Question 8

Basic Requirement

Answer 8

One must be pending!

Question 9

2400

Answer 9

Biotechnology

Question 10

Two Things

Answer 10

1. Deposit Requirement

2. Sequence of Patent Listings

Question 11

Deposit Requirement

Answer 11

If what you are claiming is such that words or drawings can’t adequately describe it, you are obligated to deposit at either the PTO or International Depository Authority (IDA).

Question 12

2500

Answer 12

Maintenance Fees

Question 13

When are Maintenance Fees required to be paid?

Answer 13

1. 3.5 -> you can pay at 3 years free OR 4 years with surcharge
2. 7.5 -> you can pay at 7 free OR 8 with surcharge
3. 11.5 -> you can pay at 11 free OR 12 with surcharge

After the issue date.

Question 14

What happens if you let a patent lapse for failure to pay maintenance fee?

Answer 14

It can be revived following the six-month grace period, provided the failure was unintentional.

Must be a honest mistake.

Question 15

Key points

Answer 15

The 24 month time limit for late payment, along with the possibility of intervening rights here, have been eliminated.

Question 16

2600

Answer 16

Optional Inter Partes Reexamination

Question 17

2700

Answer 17

Patent Terms and Extensions.

Any adjustments are on your Notice of Allowance.

You can fight against this at time of receipt.

You have 180 days to submit a final challenge.