MPEP TIMES Flashcards
Payment of Issue Fee
3 month, no extensions
enter U.S. national stage
30 months from earliest priority date
to reopen prosecution or request a hearing with the board after board decision on appeal
2 months from decision date
Patent Law Treaties Implementation Act(PTLIA)
December 18, 2013
After PTLIA how long to claim priority from previously filed application
12 months with possible 2 month extension for unintentional delay
Automatic Foreign Filing License
6 months from filing
Submitting non provision
12 months or 14 with fee
Claim foreign priority submit ADS claiming benefit and certified copy of original foreign app
within 4 months from new filing date or 16 from claimed priority date
grace period for a buyer to record
3 months
When is filing receipt issued
after fee and oath or declaration have been received
Status Discount Refunds can be given
3 months after payment(non extendable)
Time to submit items after Notice of Omitted Items
2 Months extendable
IDS can be Filed
- before 3 months from filing date or 1st office action
- between 1st action and allowance or final action(with statement or fee)
- between final action or allowance and issue fee (with statement and fee)
Non extendable
AIA
03/16/2013
NAFTA
12/08/93
WTO
1/1/96
Pre-AIA 102(d) US Filing is bared if foreign patent is issued and was filed this long ago
More than a year
PCT application FOT/_____/D.US.E.
11/29/2000
After final rejection life of patent lasts
6 months from mailing date of final rejection
File a notice of appeal after final rejection
2 months extendable to 7 months
RCE
available if filed on or after 6/8/95
filing an RCE cuts off
the 3 year pendency PTA
Must file all RCE contents before
payment of the issue fee, abandonment, or the filing of a court action
Accelerated Examination Program
08/25/06
Prioritized Examination
09/16/11
Time limit to respond to official actions
6 months non extendable
Deadline to file appeal brief
2 months up t 5 months of extentions
Deadline reply to Notice of Missing Parts may be extended
the full 5 months
Statutory period for all actions from the office?
6 months
Shortened periods:
restrictions usually set 2 months;
Ex Parte Quayle actions are set at 2 months(actions in which all rejections and objections are formal);
all other actions at 3 months
If a month does not have the day on the calendar?
then it is the last day of the month(if due date is 1 month from Jan 31 then it is Feb 28)
Two Month Rule:
If applicant responds within 2 months of the mailing date of the final action the office does not mail an advisory action until the end of the 3 month response period then the due date which you can extend becomes the date they mailed the advisory action but still can’t exceed the 6 month period
EX: mails final rejection with 3 month period for response, you respond in 2 months and office does not respond till 2 months later. The extensions your receive after that are calculated based on the date they sent the last action not from the 3 month initial window, still cannot exceed 6 months from final action
What does a month mean?
1 month means not less than 30 days, 2 months mean not less than 60 days, anything more is calculated using calendar months
EX: something given on Feb 17th with 1 month to respond, last day to respond is March 19th(30 days from th 17th)
On or after this date with general charge authorization if you ask for 1 month extension but need 2 the PTO automatically gives you two
12/01/1997
Deadlines on appeal
All deadlines on appeal are set at 2 months
Time limit to revive an unintentionally abandoned app?
after PLTIA(12/18/2013) no limit, before limit was a year from abandonment
Terminal Disclaimers apply to what?
Applies to all design patents and to Utility or plant patents filed before June 8 1995
When can’t an application be amended?
Application cannot be amended before it is filed or after it is abandoned
When should someone submit preliminary amendments?
May be submitted within 3 month of filing but before first action
When do Pre-Grant Publications occur
applies to apps filed on or after 11/29/2000
When can you request to opt out of pre-grant publication?
Request to opt out must be made at filing and contained a signed certification
When can you file appeal brief?
Must file appeal brief within 2 extendable months from date Notice of Appeal is received at the office, automatically extendable for 5 additional months
How long does appellant have to advise the board of any changes during appeal?
20 Days
How long do you have to fix a defective appeal brief?
30 days
When can you request an oral hearing on appeal?
within 2 months after date examiners answer is sent and fee paid, extendable only for cause
How much time after an examiner’s answer do you have to file an optional reply brief?
2 months from examiner’s answer
When does the board take jurisdiction after the examiner’s answer on appeal?
following reply brief or after 2 months
After board decision how long does the applicant have to request rehearing?
2 months extension under 136(b) for cause
After Notice of Allowance how long do you have to pay issue fee and submit formal drawings?
3 month non extendable
The issue fee can be accepted late for erroneous failure to pay
Formal drawings are due at same time as issue fee and these cannot be extended
Design Patent Term Length
14 years from issue
Plant and Utility filed before 06/08/95 term lengths
the larger of 17 years from issue or 20 years from filing
Provisional followed by Utility or PTLIA filed after 06/08/95 term lengths
20 years from filing date of the non-provisional
Utility and plant claiming foreign priority filed on or after 06/08/95 term lengths
20 years from filing date of the non-provisional (subject to PTA if filed after 05/29/00)
term length of a PCT app filed after 06/08/95 which goes into national stage in the US
20 years from the filing date of the PCT
When does Patent Term Adjustment Apply?(PTA)
Only applies to utility and plant apps filed on or after 05/29/00(including continuations)
14/4/4/4 what are they?
14 = If its > 14 months from filing to Notice of allowance First office action Written restriction requirement Or an examiner’s request for information
> 4 months to reply to an amendment or appeal starting from time the appeal brief and fee are received
> 4 months to act after decision by Board or CAFC
> 4 months to print patent once issue fee has been paid and all outstanding issues satisfied
How long do you have to petition if you object to PTA calculation?
2 months of patent grant extendable under 1.136(a)
How long to appeal final PTA determination to Virginia?
180 days from PTA denial
Design patents term?
After 05/12/2015 they last 15 years from issue, before they last 14
How long is the life of a PCT application?
dies after 30 months from its priority date unless it enters the national stage
How long from earliest priority date do you have to file a PCT?
12 months
When can a 3rd party make preissuance subm,issions?
Must be before: Date of notice of allowance and The later of: 6 months from date first published by USPTO Or date of first rejection
