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MPEP Chapters & Topics Flashcards

1
Q

Reissue application

A

MPEP 1400: Correction of Patents
37 CFR 1.171 - 37 CFR 1.179

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2
Q

Secrecy, Access, National Security, and Foreign Filing

A

MPEP 100

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3
Q

MPEP 1500

A

Design Patents

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4
Q

Opinions PTO employees can express about validity

A

MPEP 1700: Miscellaneous

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5
Q

MPEP 2800

A

Supplemental Examination

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6
Q

MPEP 1700

A

Miscellaneous

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7
Q

MPEP 2900

A

International Design Applications

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8
Q

MPEP 1300

A

Allowance and Issue

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9
Q

Post-Grant Review

A

37 CFR Part 42 (37 CFR 42.200)

Consolidated Trial Practice Guide

35 USC 321: Post-Grant Review

(no MPEP Chapter)

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10
Q

Correction of Patents

A

MPEP 1400

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11
Q

Supplemental Reply

A

MPEP 700: Examination of Applications (714.02)

37 CFR 1.111(a)(2)

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12
Q

MPEP 1200

A

Appeal

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13
Q

MPEP 600

A

Parts, Form, and Content of Application

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14
Q

MPEP 2400

A

Biotechnology

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15
Q

Inter Partes Review

A

37 CFR Part 42 (37 CFR 42.120)

Consolidated Trial Practice Guide

(no MPEP Chapter)

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16
Q

MPEP 2300

A

Interference and Derivation Proceeding

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17
Q

Joint Research Agreement

A

MPEP 2100: Patentability
MPEP 2120(c): Rejection on Prior Art; Common Ownership under JRA
(MPEP 2156): Joint Research Agreements

MPEP 700: Examination of Applications
* MPEP 717.02: Prior Art Exception for Commonly Owned or Joint Research Agreement Subject Matter under AIA USC 102(b)(2)(C)

37 CFR 1.104(c)(4)(ii): Nature of Examination; Rejection of Claims; JRA

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18
Q

MPEP 1800

A

Patent Cooperation Treaty

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19
Q

37 CFR Part 41

A

Practice before the PTAB

(See also MPEP 1200 (Appeal)

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20
Q

Post Service Interruptions

A

MPEP 500: Receipt and Handling of Mail and Papers

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21
Q

MPEP 2600

A

IGNORE: Optional Inter Partes Reexamination

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22
Q

MPEP 2200

A

Citation of Prior Art and Ex Parte Reexamination of Patents

Note: Reexam proceedure chart is in MPEP 2201

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23
Q

Suspension of Action

A

MPEP 700: Examination of Applications (709)

37 CFR 1.103

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24
Q

Death of an Inventor

A

MPEP 400: Representative of Applicant or Owner

35 USC 117: Death or incapacity of invention

37 CFR 1.43 Application for patent by a legal representative of a deceased or legally incapacitated inventor

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25
MPEP 1400
Correction of Patents
26
Matters Decided by Various U.S. Patent and Trademark Office Officials
MPEP 1000
27
MPEP 800
Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
28
Ownership and Assignment
MPEP 300
29
Supplemental Examination
MPEP 2800
30
Interviews
MPEP 700: Examination of Applications (713) 37 CFR 1.133
31
Requirements for a **Provisional**
MPEP 200: Types of Patents, Cross Noting, and Priority of Applications
32
Citation of Prior Art
**MPEP 600**: Parts, Form and Content of Application: **IDS** (MPEP 609) **MPEP 1100**: Statutory Invention Registration (SIR); **Pre-Grant** Publication (PGPub) and **Preissuance** Submissions **MPEP 2200**: (**Post Grant**) Citation of Prior Art and Ex Parte Reexamination of Patents Also: See Rules
33
MPEP 1100
Statutory Invention Registration (SIR) Pre-Grant Publication (PGPub) Preissuance Submissions
34
Interviews
MPEP 700: Examination of Applications (MPEP 713)
35
Payment by Credit Card
MPEP 500: Receipt and Handling of Mail and Papers
36
Petition to Make Special
MPEP 700: Examination of Applications (MPEP 708.02)
37
Revival of Abandoned Application
MPEP 700: Examination of Applications (711.03) 37 CFR 1.137
38
Supplemental Oath
MPEP 600: Parts, Form and Content of Application (603) 37 CFR 1.67 Supplemental oath or declaration
39
Application Data Sheet
MPEP 600: Parts, Form and Content of Application (601.05) 37 CFR 1.76 Application Data Sheet
40
MPEP 2500
Maintenance Fees
41
Disclaimer
MPEP 1400: Correction of Patents (MPEP 1490)
42
Maintenance Fees
MPEP 2500
43
Multiple Dependent Claim Wording
MPEP 600: Parts, Form and Content of Application ***********MPEP 608.01(n)****************
44
Design Patents
MPEP 1500
45
Provisional Applications
MPEP 200: Types and Status of Application; Benefit and Priority Claims (201.04) 35 UAC 111(b)
46
Duty of Disclosure
MPEP 2000
47
MPEP 300
Ownership and Assignment
48
Ex Parte Reexamination of Patents
MPEP 2200 (Request for Reexam: MPEP 2210) Also see: 35 USC 302: Request for Reexamination 37 CFR 1.510: Request for ex parte reexamination
49
Representative of Applicant or Owner
MPEP 400
50
Practice before the PTAB (Rules?)
37 CFR Part 41
51
MPEP 400
Representative of Applicant or Owner
52
International Design Applications
MPEP 2900
53
Making Amendments (format, rules, etc)
MPEP 700: Examination of Applications (MPEP 714)
54
Patent Cooperation Treaty
MPEP 1800
55
Interference and Derivation Proceeding
**MPEP 2300** More info here: **** Derivation: 37 CFR Part 42 (37 CFR 42.4200 - 42.412)****
56
Suspension of Action
MPEP 700: Examination of Applications (MPEP 709)
57
MPEP 700
Examination of Applications
58
Receipt and Handling of Mail and Papers
MPEP 500
59
Information Disclosure Statement (IDS)
MPEP 600: Parts, Form and Content of Application (MPEP 609) 37 CFR 1.97 Filing of Information Disclosure Statement 37 CFR 1.98 Content of Information Disclosure Statement
60
Certificate of Correction
MPEP 1400: Correction of Patents
61
Preliminary Amendment
MPEP 600: Parts, Form and Content of Application (608.04(b)) 37 CFR 1.115 Preliminary Amendments
62
Accelerated Examination
MPEP 700: Examination of Applications (708.02)
63
Restriction in Applications Filed Under 35 U.S.C. 111
MPEP 800
64
Substitute Specification
MPEP 600: Parts, Form and Content of Application (608.01(q)) **37 CFR 1.125** Substitute Specification
65
Biotechnology
MPEP 2400
66
MPEP 1000
Matters Decided by Various U.S. Patent and Trademark Office Officials
67
MPEP 2000
Duty of Disclosure
68
MPEP 2100
Patentability
69
Secrecy Order
MPEP 100
70
Items that CANNOT be Faxed
MPEP 500: Receipt and Handling of Mail and Papers
71
Types of Apps; Priority
MPEP 200
72
USPTO personnel...opinion on validity, patentabilty, etc.
MPEP 1700: Miscellaneous
73
Parts, Form, and Content of Application
MPEP 600 - Application Data Sheet (601.05) - Oath/Declaration (602) - Correcting Inventorship (602.01(c) - Supplemental Oath (603) - Substitute Statement (604) - Multiple Dependent Claims (608.01(n)) - Substitute Specification (608.01(q) - Preliminary Amendment (608.04(b)) - Information Disclosure Statement (609)
74
Pre-Grant Publication (PGPub)
MPEP 1100
75
Double Patenting
MPEP 800
76
Statutory Invention Registration (SIR)
MPEP 1100
77
Examination of Applications
MPEP 700
78
Certificate of Mailing
MPEP 500: Receipt and Handling of Mail and Papers
79
Plant Patents
MPEP 1600
80
Allowance and Issue
MPEP 1300
81
MPEP 500
Receipt and Handling of Mail and Papers
82
MPEP 2700
Patent Terms, Adjustments, and Extensions
83
Substitute Statement
MPEP 600: Parts, Form and Content of Application (604) 37 CFR 1.64 Substitute statement in lieu of an oath or declaration.
84
Request for Continued Examination
MPEP 700: Examination of Applications (MPEP 706.07(h) 37 CFR 1.114: Request for continued examination
85
Preissuance Submissions
MPEP 1100: Statutory Invention Registration (SIR); Pre-Grant Publication (PGPub) and Preissuance Submissions (MPEP 1134) 35 USC 122(e): Preissuance submissions by 3rd parties 37 CFR 1.290: Submissions by third parties in applications
86
Payment of Fees
MPEP 500: Receipt and Handling of Mail and Papers
87
Patent Terms, Adjustments, and Extensions
MPEP 2700
88
IP5 Countries?
Implementation of the Global and IP5 Patent Procecution Highway PHH Pilot Programs
89
MPEP 1600
Plant Patents
90
Miscellaneous
MPEP 1700 - Limits on opinions PTO can express about validity - - Limits on working in certain areas within 1 year of departure
91
Patent Prosecution Highway
No material available on Exam
92
MPEP 200
Types of Apps; Priority - Continued Prosecution Application (CPA) (201.06(d)
93
Patentability
MPEP 2100
94
Terminal Disclaimer
MPEP 1400: Correction of Patents
95
Correcting Inventorship
MPEP 600: Parts, Form and Content of Application (602.01(c)) 37 CFR 1.48 Correction of Inventorship in an **application** (other than Reissue application) 37 CFR 1.324: Correction of inventorship in a **patent**
96
Signatures
MPEP 500: Receipt and Handling of Mail and Papers
97
Revival
MPEP 700: Examination of Applications (MPEP 711.03(c) 37 CFR 1.137
98
Appeal
MPEP 1200 (Entire Chapter) 37 CFR Part 41 (Practice before the PTAB)-may be easier to find answers here
99
MPEP 100
Secrecy, Access, National Security, and Foreign Filing
100
Supplemental Replies as a Matter of Right
MPEP 700: Examination of Applications (MPEP 714.02(a)(2))
101
Oath or Declaration
MPEP 600: Parts, Form and Content of Application (602) 37 CFR 1.63 Inventor’s oath or declaration 35 USC 115 Inventor's Oath or Declaration
102
MPEP 1900
Protest
103
Petition to Make Special
MPEP 700: Examination of Applications (708.02)
104
Small/Micro Entity Status/Requirements
MPEP 500: Receipt and Handling of Mail and Papers 37 CFR 1.27 Small Entity Status 37 CFR 1.29 Micro Entity Status
105
Protest
MPEP 1900 37 CFR 1.291: Protest
106
Claim status indicators (e.g., "cancelled")
MPEP 700: Examination of Applications (714: Amendments) 37 CFR 1.121 Manner of making Amendments in applications
107
Accessibility of Assignment Records?
MPEP 300: Ownership and Assignment (Not MPEP 100, which covers access)
108
List of... Recognized Countries for Foreign Priority under 35 USC 119(b)
MPEP 213.01 Recognized Countries and Regional Patent Offices of Foreign Filing
109
Member Countries of International Union for the Priotection of New Varieties of Plants (UPOV)
**MPEP 1612** UPOV Convention NOTE: 1613 Right of Priority Based upon Application for Plant Breeder’s Rights [R-08.2012] Pursuant to **35 U.S.C. 119(f)**, an application for a plant patent may rely upon an application for plant breeder’s rights filed in a **WTO member country** (**or** in a **foreign UPOV Contracting Party**) for priority under 35 U.S.C. 119(a) through (c).
110
37 CFR 1.114
37 CFR 1.114: Request for continued examination Also see: MPEP 700: Examination of Applications (MPEP 706.07(h)
111
37 CFR 1.53(b)
Nonprovisional filing Also see MPEP 200
112
Continued Prosecution Application CPA
37 CFR 1.53(d): Continued Prosecution Application CPA Also see MPEP 200
113
37 CFR 1.53(d)
37 CFR 1.53(d): Continued Prosecution Application CPA Also see MPEP 200
114
35 USC 119(e)
35 USC 119(e): **Provision Priority** Applies to new: US (National) and PCT (International) applications Priority from: Provisional application 12 months; same inventor(s); reference Also see MPEP 200
115
Provision Priority
35 USC 119(e) Also see MPEP 200
116
Domestic Priority
35 USC §120 Also see MPEP 200
117
35 USC §120
35 USC §120: **Domestic Priority** Applies to new: US (National) applications: Continuations, Divisionals, CIPs Priority from: US Domestic of US National Stage application Joint inventors; co-dependency Also see MPEP 200
118
Foreign Priority
a35 USC §119(b) 12 months Also see MPEP 200
119
35 USC §119(a)
35 U.S.C. 119(a) **(b) Foreign Priority** Applies to: US Domestic nonprovisional application Priority from: Foreign application 12 months Also see MPEP 200
120
37 CFR 1.76
37 CFR 1.76: **Application Data Sheet** Also see: MPEP 600: Parts, Form and Content of Application (601.05)
121
37 CFR 1.97
37 CFR 1.97: Filing of **Information Disclosure Statement** See also: 37 CFR 1.98 Content of Information Disclosure Statement MPEP 600: Parts, Form and Content of Application (MPEP 609: IDS)
122
37 CFR 1.98
837 CFR 1.98 CONTENT of **Information Disclosure Statement** See also: 37 CFR 1.97: Filing of Information Disclosure Statement MPEP 600: Parts, Form and Content of Application (MPEP 609: IDS)
123
37 CFR 1.130(a)
37 CFR 130(a): Affidavit or declaration of **attribution** under the Leahy-Smith America Invents Act.
124
37 CFR 1.130(b)
37 CFR 1.130(b): Affidavit or declaration of **prior public disclosure** under the Leahy-Smith America Invents Act.
125
Affidavit or declaration of attribution.
37 CFR 130(a): Affidavit or declaration of **attribution** under the Leahy-Smith America Invents Act.
126
Affidavit or declaration of prior public disclosure.
37 CFR 1.130(b): Affidavit or declaration of **prior public disclosure** under the Leahy-Smith America Invents Act.
127
37 CFR 1.136
37 CFR 1.136: **Extenstions** of Time 37 CFR 1.136(**a**): **Automatic** extensions 37 CFR 1.136(**b**): **Sufficient cause** (filed on or before day reply is due)
128
37 CFR 1.48
**1.48: Correction of inventorship **pursuant to 35 U.S.C. 116 or correction of the name or order of names in a patent application, **other than a reissue application.** (a) **NONPROVISIONAL** application (b) Inventor’s oath or declaration for added inventor (c) Any request ...under paragraph (a) ...after the Office action on the merits has been given or mailed in the application must also be accompanied by the fee ...unless ...statement ...due solely to the cancelation of claims ... (d) **PROVISIONAL** application (e) Additional information may be required (f) Correcting or updating the name of an inventor (g) Reissue applications NOT COVERED (h) **Correction of inventorship in patent. See 1.324** (i) Correction of inventorship in an interference or contested case before the PTAB
129
37 CFR 1.324
**1.324: Correction of inventorship in patent, pursuant to 35 U.S.C. 256.** (a) Whenever through error a person is named in an issued patent as the inventor, or an inventor is not named in an issued patent, the Director, pursuant to 35 U.S.C. 256, may, on application of all the parties and assignees, or on order of a court before which such matter is called in question, issue a certificate naming only the actual inventor or inventors. (b) Any request to correct inventorship of a patent pursuant to paragraph (a) of this section must be accompanied by: (1) A statement from each person who is being added as an inventor and each person who is currently named as an inventor either agreeing to the change of inventorship or stating that he or she has no disagreement in regard to the requested change; (2) A statement from all assignees ... agreeing to the change . (3) The fee ... (c) **Correction of inventorship in an application: see § 1.48** (d) In an interference under part 41, ......
130
35 USC 111(a)
Filing a regular (nonprovisional) **domestic** (National) application...directly in the US (can claim priority to a prior foreign application)
131
35 USC 111(b)
Filing a **provisional** application...directly in the US
132
35 USC §120
Benefit of an earlier filing date...application previously filed in the US (**Domestic Priority**)
133
35 USC §119(e)
Benefit of an earlier filing date...from a **provisional** application (**Provisional Priority**)
134
35 USC 119(b)
Benefit of an earlier filing date...identifying the **foreign application** by ..application number...country....date of filing...) (**Foreign** Priority)
135
35 USC 363
International Application designating the US (**PCT**) Also see: MPEP 1800: PCT
136
35 USC 371
Entry into the **National Stage** from a PCT (Filed under 35 USC 363)
137
35 USC 115
35 USC 115: **Inventor's Oath** or **Declaration** Also see: MPEP 600: Parts, Form and Content of Application (602) 37 CFR 1.63 Inventor’s oath or declaration
138
37 CFR 1.63
37 CFR 1.63: **Inventor's Oath** or **Declaration** Also see: MPEP 600: Parts, Form and Content of Application (602) 35 USC 115: Inventor's Oath or Declaration
139
35 USC 121
35 USC 121: **Divisional** Applications Resulting from Restriction requirement See also: MPEP 200 (MPEP 201.06)
140
35 USC 314
Institution of...**Inter Partes Review** Also see: 37 USC Part 42: Trial Practice before the PTAB Consolidated Trial Practice Guide
141
Divisional Applications
MPEP 200 (MPEP 201.06) 35 USC 121: Divisional Applications resulting from restriction requirements
142
35 USC 365(a)
**PCT **Priority: Applies **to US** (National application). Benefit **from** prior-filed **PCT** application
143
35 USC 365(b)
**PCT** Priority: Applies **to PCT** designating the US. Benefit** from** prior-filed... **- PCT** that designated at least one country other than the US **- Foreign** application 12 months
144
35 USC 365(c)
**PCT** Priority: Applies to **US National Stage** application. Benefit **from** prior-filed **PCT** that designated the US codependency; (joint) inventor(s)
145
35 USC 302
35 USC 302: **Request for Reexamination** Also see: 37 CFR 1.510: Requestion for Ex Parte Reexamination MPEP 2210: equestion for Ex Parte Reexamination
146
35 USC 321
35 USC 321: **Post-grant Review** Also see: 37 CFR Part 42 (37 CFR 42.200) Consolidated Trial Practice Guide (**no MPEP Chapter**)
147
37 CFR 1.102
37 CFR § 1.102 Advancement of examination. (Prioritized Examination) Also see: MPEP 708: Order of Examination
148
Prioritized Examination
**37 CFR § 1.102** Advancement of examination. (Prioritized Examination) Also see: **MPEP 708**: Order of Examination
149
37 CFR 1.181
§ 1.181 **Petition to the Director**. Also see: MPEP 700

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