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Patent Bar > Patent Applications > Flashcards

Patent Applications Flashcards

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1
Q

What type of applications are filed under 35 USC 111(a)?

A

original nonprovisional utility, plant, design, divisional, continuation, and continuation-in-part applications, reissue applications, and design patent continued prosecution applications (CPAs).

MPEP 201.01(I)

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2
Q

What type of application is filed under 35 USC 111(b)?

A

provisional

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3
Q

What type of application is in essence the duplicate of an application by the same applicant abandoned before the filing of the later application?

A

substitute application

MPEP 201.02 paragraph 2.07

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4
Q

Name of the agreement that is an international agreement that enables an applicant to file a single international design application which may have the effect of an application for protection for the design(s) in countries and/or intergovernmental organizations that are parties to agreement (the “Contracting Parties”) designated in the application.

A

Hague Agreement

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5
Q

When did the US join the Hague Agreement?

A

May 13, 2015

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6
Q

Who administers the Hague Agreement?

A

the International Bureau of the World Intellectual Property Organization (“the International Bureau”)

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7
Q

Name for an application which is not a reissue application.

A

original application

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8
Q

Does a substitute application obtain the benefit of the filing date of the prior application?

A

No.

MPEP 201.02

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9
Q

What is the filing date of a provisional application filed on or after December 18, 2013 ?

A

The date on which a specification, with or without claims, is received in the United States Patent and Trademark Office.

35 U.S.C. 111(b)(4)

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10
Q

What is the filing date of a provisional application filed before December 18, 2013?

A

The filing date of a provisional application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office.

35 U.S.C. 111(b)(4) pre AIA

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11
Q

A provisional application will automatically be abandoned (how long) after its filing date?

A

12 months.

35 U.S.C. 111(b)(5)

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12
Q

Can a provisional application be restored to its pending status after abandonment?

A

No.

35 U.S.C. 111(b)(5)

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13
Q

The period of (fill in blank) of a provisional application is extended to the next succeeding business day if the day that is 12 months after the filing date of a provisional application falls on a Saturday, Sunday, or federal holiday within the District of Columbia.

A

pendency

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14
Q

The period of pendency of a provisional application is extended to the next succeeding (fill in blank) if the day that is 12 months after the filing date of a provisional application falls on a Saturday, Sunday, or federal holiday within the District of Columbia.

A

business day

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15
Q

The period of pendency of a provisional application is extended to the next succeeding business day if the day that is 12 months after the filing date of a provisional application falls on a (fill in blank) within the District of Columbia.

A

Saturday, Sunday, or federal holiday

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16
Q

What type of application takes the place of an unexpired patent that is defective?

A

Reissue application

MPEP 201.05

17
Q

What type of application is an application for an independent or distinct invention, carved out of a nonprovisional application (including a nonprovisional application resulting from an international application or international design application), an international application designating the United States, or an international design application designating the United States and disclosing and claiming only subject matter disclosed in the earlier or parent application?

A

Divisional application

MPEP 201.06

18
Q

Can the disclosure in a divisional application include new matter?

A

No.

MPEP 201.06

19
Q

Can continuation-in-part applications be designated as divisional applications?

A

No.

MPEP 201.06

20
Q

The first inventor to file provisions of the Leahy-Smith America Invents Act and the rules related thereto became effective when?

A

March 16, 2013

21
Q

An application that is filed on or after March 16, 2013; and claims foreign priority to, or domestic benefit of, an application filed before March 16, 2013 is called a what?

A

Transition application

22
Q

What type of application is an application for the invention(s) disclosed in a prior-filed copending
nonprovisional application, international application designating the United States, or international design application designating the United States?

A

continuation application

MPEP 201.07

23
Q

What are the contents of a nonprovisional application?

A

a specification, a drawing (if needed), and an oath or declaration.

MPEP 601

24
Q

What are the contents of a provisional application?

A

a specification and a drawing (if needed)

MPEP 601

25
Q

What is the filing date of a design patent?

A

the date on which the specification and any required drawings are filed.

35 U.S.C. 171(c)

26
Q

What is the term for a design patent?

A

15 years

35 U.S.C. 173

27
Q

Define a “national application”

A

A national application means either a U.S. application for patent which was filed in the Office under 35 U.S.C. 111, an international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid, or an international design application filed under the Hague Agreement in which the Office has received a copy of the international registration pursuant to Hague Agreement Article 10

37 CFR 1.9(a)(1)

28
Q

Define an “international application”

A

An international application means an international application for patent filed under the Patent Cooperation Treaty prior to entering national processing at the Designated Office stage.

37 CFR 1.9(b)

29
Q

How long does an applicant have to pay the fees after a patent has been granted before the patent is abandoned?

A

three months.

35 U.S.C. 151

30
Q

What is the term for a utility patent?

A

in general, 20 years

35 U.S.C. 154(a)(2)

Patent Bar (6 decks)

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