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Patent addons > MPEP 700 > Flashcards

MPEP 700 Flashcards

1
Q

If reply due date falls on Saturday/Sunday/Holiday, the due date:

A

is next working day

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2
Q

Automatic extensions of time CAN be obtained:

A

before, on, and after reply due date (retroactive) but NOT past 6 month deadline

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3
Q

After final rejection, you can _______ claims but

you cannot __________ claims

A

cancel

substantively amend

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4
Q

The issue fee is due within _ months and

______ be extended

A

3

extended

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5
Q

To obtain a filing date, the minimum required is:

A

spec
claim
Drawing

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6
Q

Preliminary amendments MAY add ______ but

may NOT add _________

A

new claims

new matter

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7
Q

Preliminary amendments MAY be filed ______ but

may NOT be filed _________

A

with the application

after First Office Action

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8
Q

In order to perfect ownership of a patent, it is necessary to record within:

A

three months

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9
Q

In order to perfect ownership of a patent, there must be:

A

valuable consideration; e.g. something of value must have been exchanged, NOT a gift

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10
Q

Applications “deemed published” under CFR 122(b) are _____ and ______:

and are not:

A

US applications at 18 months from filing date; or
US-designated WIPO published applications

Foreign published applications

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11
Q

Regardless of whether a demand is made for examination prior to the ____ month, the PCT deadline to enter the national phase remains ____ months.

A

19th

30

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12
Q

RCE is NOT available for:

A

(A) provisional applications;
(B) before June 8, 1995;
(C) design applications;
(F) reexamination.

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13
Q

RCE is available during which part of examination?

RCE is available after what date?

A

After final rejection in utility and plant applications filed after June 8, 1995, but before payment of issue fee, abandonment, or appeal

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14
Q

The design equivalent of an RCE is a:

A

CPA

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15
Q

After final rejection, you have ____ months to determine fate of the app

A

6 - 3 free, 3 fee (automatically extendable)

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16
Q

Petition to Make Special is available _________

and is free for ________

but requires a fee for ________

A

before August 25, 2006

Illness, environment, Energy, Age, Counterterrorism

a. infringement, safer DNA, for the asking
b. HIV/AIDS research
c. Superconductivity
d. Biotech by small entity

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17
Q

After _______ PMS becomes _______

A

August 25, 2006

Accelerated Examination

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18
Q

To be granted Accelerated Exam status, applications must:

A

be filed with petition, fee (free for environment, conservation of energy, or counterterrorism), and all oath/decs

be a utility or design app

be filed with EFS

contain 3 or fewer indp claims, AND 20 or fewer total claims, AND no multiple dependent claims

have a preexam search statement by applicant

19
Q

Accelerated Exam is NOT available for:

A 
plant patents
Reissue apps
National stage IA
reexam
RCEs
PMS
20
Q

After _____ AE becomes _______

A

September 16, 2011

Prioritized Examination

21
Q

To be eligible for Prioritized Exam, app must be:

A

nonprovisional utility or plant app or RCE

filed with all search and exam fees

filed after September 16, 2011

no more than 4 ind, 30 total, and no mult dep claims

22
Q

The special “Two Month Rule” after Final Rejection is:

A

If a response to a FR is filed w/in 2 months from mailing date AND Office does not mail an advisory action until AFTER the end of three month period for response, abandonment date will be extended until the AA is mailed OR 6 month period expires, whichever is FIRST

23
Q

After _______, the time limit to revive an unintentional abandonment is _______ but before that date, the time limit was _______:

A

December 18, 2013

no time limit

1 year

24
Q

An interview after first action is ________ while

an interview after final rejection is _________

A

a matter of right

at examiners discretion

25
Q

The responsibility to make sure the interview is recorded belongs to:

A

The attorney

26
Q

Proper amendment markup in an application is that additions are __________ and deletions are ________ unless it is small, then ________ are used

A

Underlined

Struckthrough

[[Double-brackets]]

27
Q

An application may enter PPH when:

A

(1) The participating application must have the same priority or filing date as that of a corresponding application filed another office (OEE)
(2) The application has at least one allowable claim
(3) All claims in the participating application must sufficiently correspond to the allowable claims in the corresponding OEE application.
(4) Substantive examination of the U.S. application for which participation in the PPH is requested has not begun.

28
Q

In order to participate in the PPH the applicant must submit the following to the USPTO:

A

(1) A request for participation into the PPH program
(2) A claims correspondence table in English.
(3) A copy of the most recent office action from the OEE, or the latest work product in the OEE PCT application, along with an English translation of either. [2]
(4) An information disclosure statement (IDS) listing the documents cited in the office action, along with copies of all non-US documents.

29
Q

A claim is considered to sufficiently correspond when:

A

the claim is of the same or similar scope as an allowable claim in the OEE application.

30
Q

A claim that is narrower in scope than one deemed allowable in the OEE application will sufficiently correspond if:

A

it is a dependent claim that is of the same or similar scope as an allowable claim in the OEE application.

31
Q

A claim that introduces a new category of claims than those indicated as allowable by the OEE is:

A

not considered to sufficiently correspond.

32
Q

The three ways to accelerate an application at the USPTO are:

A

(1) Accelerated Examination; (post 8/2006)
(2) Prioritized Examination (i.e., Track One, post 9/2011); and
(3) Petitions to Make Special (prior to 8/2006)

33
Q

You can suspend action on an application if 3 conditions are met:

A

(1) There is no outstanding office action
(2) You submit a for cause petition and fee
(3) you can’t suspend for longer than 6 months

(709)

34
Q

Prioritized examinations that are not complete on the day they are submitted will be:

A

dismissed

35
Q

The major differences between

(1) Petitions to Make Special
(2) Accelerated Examination
(3) Prioritized Examination

are:

A

(1) Simple, straightforward, pre-8/2006
(2) higher hurdles, post-8/2006, some free, mostly with fee, must be in order
(3) Major fee, jump to head of line, must be in order

36
Q

The following due dates cannot be extended EVEN FOR CAUSE:

A

(1) IDSs
(2) statue (e.g. 6 month reply deadlines)
(3) Issue fee (but can be paid late)

37
Q

The following due dates cannot be automatically extended:

A

(1) Where OA states
(2) Reply Brief
(3) Request for oral hearing in appeal
(4) Responding to board decision
(5) Interference
(6) reexam

38
Q

requests for interview prior to the first Office action are
ordinarily granted in____________

whereas requests for interview before the first action in all other applications are _________

A

continuing and substitute applications

untimely and will not be acknowledged

39
Q

RCE

vs

Continuation

A

An RCE is a request to continue the same examination after final action. Same application, same search, same SN, same priority, same filing date.

Continuation is in effect a new application. You get a new Ser. No., a new filing date (but same priority as before), and a new search is done. You are free to fully rewrite your claims even for completely different subject matter.

40
Q

A patent examiner ______ conduct an interview with any registered practitioner who shows up with a file.

A

WILL

The interview will be conducted with the file brought by the registered practitioner.

41
Q

A petition is ______ if a RCE is filed prior to payment of the issue fee.

A

not required

42
Q

An AIA 102a2 rejection may be made if there is ________ to inventive entity;

A

ANY change;

meaning if a coinventer is added, it is now a 102a2 rejections

43
Q

What must a PCT application do to be considered “deemed published” within the meaning of 102(a)(2)?

A

designate the U.S. ONLY

Patent addons (29 decks)

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