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Patent Application Examination Flashcards

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1
Q

What are the conditions for filing a petition to make an application special without a fee?

A
  1. applicant’s age or health;
  2. invention will enhance the environment;
  3. invention will contribute to the development or conservation of energy resources; or
  4. invention will contribute to countering terrorism.

37 CFR 1.102(c)

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2
Q

An application for which prioritized examination has been requested may not contain or be amended to contain more than (answer a) independent claims, more than (answer b) total claims, or any (c) claim(s).

A

a. four
b. thirty
c. multiple dependent

37 CFR 1.102(e)

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3
Q

Which applications are not eligible for prioritized examination?

(Hint - there are five types)

A
  1. international applications that have not entered the national stage;
  2. design applications;
  3. reissue applications;
  4. provisional applications; or
  5. reexamination proceedings.

37 CFR 1.102(e)

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4
Q

The objective of the accelerated examination program is…

A

…to complete the examination of an application within twelve months from the filing date of the application.

MPEP 708.02(a) section VIII part F.

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5
Q

The accelerated examination program has achieved its goal when what happens?

A

When one of the following final dispositions occurs:

  1. the mailing of a notice of allowance;
  2. the mailing of a final Office action;
  3. the filing of an RCE; or
  4. the abandonment of the application
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6
Q

What are the three types of expedited examination programs at the USPTO?

A
  1. accelerated examination
  2. prioritized examination
  3. patent prosecution highway (PPH)
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7
Q

What type of applications are eligible for prioritized examination?

A

The application must be a utility or plant nonprovisional application, including a continuing application (i.e., a continuation, continuation-in-part, or divisional application) and international applications that have entered the national state if an RCE is filed.

MPEP 708.02(b)(I)(A)(I)

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8
Q

What type of applications are eligible for accelerated examination?

A

non-reissue utility or design applications filed after August 25, 2006.

MPEP 708.02(a)(VIII)(A)

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9
Q

How many claims can an application under accelerated examination have?

A

The application must contain three or fewer independent claims and twenty or fewer total claims. The application must also not contain any multiple dependent claims

MPEP 708.02(I)(B)

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10
Q

How many claims can an application under prioritized examination have?

A

An application for which prioritized examination has been requested may not contain or be amended to contain more than four independent claims, more than thirty total claims, or any multiple dependent claim.

37 CFR 1.102(e)

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11
Q

What are the two types of prioritized examination?

A

Track One - for when prioritized examination is requested upon filing of a new application.

MPEP 708.02(b)(I)(B)

PE-RCE - a pending patent application in which a request for continued examination has been filed.

MPEP 708.02(b)(I)(C)

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12
Q

What is the goal of prioritized examination?

A

The goal for handling applications under prioritized examination is to provide, on average, a final disposition within twelve months of prioritized status being granted.

MPEP 708.02(b)

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13
Q

All petitions to make special, except those based on the applicant’s health or age or participation in the Patent Prosecution Highway (PPH) pilot program must meet the requirements for…

A

…accelerated examination.

MPEP 708.02(a)

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14
Q

What are the requirements to make an application special under accelerated examination?

(Hint - there are nine conditions)

A
  1. The application must be filed with a petition to make special under the accelerated examination program accompanied by either a fee or a statement that the claimed subject matter is directed to environmental quality, the development or conservation of energy resources, or countering terrorism.
  2. The application must be a non-reissue utility or design application.
  3. The application, petition, and required fees must be filed electronically using the USPTO’s electronic filing system, EFS-Web.
  4. At the time of filing, the application must be complete and in condition for examination. For example, the application must be filed with the applicable fees and an executed inventor’s oath or declaration for each inventor.
  5. The application must contain three or fewer independent claims and twenty or fewer total claims.The application must also not contain any multiple dependent claims.
  6. The claims must be directed to a single invention.
  7. The applicant must be willing to have an interview to discuss the prior art and any potential rejections or objections.
  8. The applicant must complete a preexamination search.
  9. At the time of filing, applicant must provide in support of the petition an accelerated examination support document.

MPEP 708.02(a)

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15
Q

If the petition for accelerated examination or accelerated examination support document is defective in one or more requirements, how many times does the applicant get to perfect the petition or accelerated examination support document?

A

a single (one) opportunity.

MPEP 708.02(a)(II)

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16
Q

If the petition for accelerated examination or accelerated examination support document is defective in one or more requirements, how long does the applicant have to perfect the petition or accelerated examination support document?

A

two months.

MPEP 708.02(a)(II)

17
Q

What is the final disposition for purposes of the accelerated examination program?

A

The mailing of a final Office action or the filing of a notice of appeal, whichever is earlier, is the final disposition for purposes of the twelve-month goal for the accelerated examination program.

MPEP 708.02(a)(VI)

18
Q

If a notice of allowance is issued for an application under the accelerated examination program, how long does the applicant have to pay the issue fee to avoid abandonment of the application?

A

Three months from the date of mailing of the notice of allowance.

MPEP 708.02(a)(V)

19
Q

What is the maximum number of prioritized examination requests the USPTO grants each year?

A

12,000

MPEP 708.02(b)(I)(A)(4)

20
Q

What are the requirements for Track One applications?

A
  1. The application must be a utility or plant nonprovisional application, including a continuing application (i.e., a continuation, continuation-in-part,or divisional application), filed on or after September 26, 2011.
  2. The application must be filed via the Office’s electronic filing system (EFS-Web) if it is a utility application.
  3. Plant applications must be filed in paper.
  4. The request must include, on filing, a specification, including at least one claim, and a drawing when necessary.
  5. The application must be filed with an executed application data sheet or with the inventor’s oath or declaration executed for each inventor.
  6. The application must contain no more than four independent claims and no more than thirty total claims.
  7. The application must be filed with the basic filing fee, the search fee, the examination fee, any excess claims fees, and any application size fee.

MPEP 708.02(b)(I)(B)

21
Q

What are the requirements for PE-RCE applications?

A

The application must be a non-reissue utility or plant nonprovisional application or one that has entered the national stage.

The publication fee must be paid for the application, either previously or with the request for prioritized examination.

The PE-RCE request must be filed before the mailing of the first Office action after the filing of the RCE.

The RCE must have been properly filed.

MPEP 708.02(b)(I)(C)

22
Q

All discussions between the applicant/practitioner and the examiner regarding the merits of a pending application will be considered ___(a)____ and are to be ___(b)____.

A

(a) an interview
(b) made of record

MPEP 713

23
Q

All business with the Patent and Trademark Office should be transacted _________.

A

in writing

37 CFR 1.2

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