Patent Rules

Question 1

1.2-1.3 Business Transactions

Answer 1

all business with PTO must be performed in writing;

duty of decorum and courtesy

Question 2

1.4(d) Signature

Answer 2

all correspondence (with exceptions) must have a handwritten, dark ink signature, or be a copy of such an original

Question 3

1.4(d)(2) S-Signature

Answer 3

may replace handwritten; print name between slashes; must be accompanied by registration number for practitioners

Question 4

1.5(b) Letter Regarding Patent

Answer 4

unless paying maintenance fee: must state number and date of issue of patent, name of patentee, and title of invention

Question 5

1.5(a) Letter Regarding Application

Answer 5

must state application number at top of letter (or other conspicuous location)

Question 6

1.5(d) Letter Regarding Reexamination

Answer 6

must state patent number, request control number, and group art unit and name of examiner

Question 7

1.7 Days

Answer 7

day refers to calendar day; if deadline falls on Saturday, Sunday, or Federal holiday, action may be taken on the next business day

Question 8

1.10 Priority Mail Express

Answer 8

for the most part, correspondence via USPS Priority Mail express will be marked as received on day of certified deposit with USPS

Question 9

1.11 Files Open to the Public

Answer 9

a) all files part of patents, public applications, or statutory invention registrations - except those parts redacted
b) reissue applications and applications which have been opened to the public
c-e) files relating to reexamination proceedings, interference proceedings, or other trials before the PTAB

Question 10

1.13(a)(2) Status Information

Answer 10

i) whether pending, abandoned or patented
ii) whether published under S122(b)
iii) numerical identifier (6-digit serial + 2-digit series or + filing date)
iv) whether another application claims benefit

Question 11

1.13(a)(2) Patents with Queriable Status

Answer 11

patents where application is identified in a published patent or application; public may request status information of such patents

Question 12

1.13(c) Inspection of Pending/Abandoned Apllications

Answer 12

allowed to:

1) applicant
2) practitioner of record
3) assignee
4) inventor
5) registered attorney or agent named in papers

Question 13

1.22-3 Payment of Fees

Answer 13

fees must be paid when the paid action is requested, itemized, in the form of dollars, check, cashier’s check, or USPS money order. Other forms may be tendered but will be delayed until credited

Question 14

1.27(a) Small Entities

Answer 14

1) person
2) small business concern, or
3) non-profit organization
entitled to different fee scheme

Question 15

1.29(a) Micro Entities

Answer 15

1) small entity, with
2) 4 or less prior inventions, or
3/4) income less than 3x median

b) employed by or assigning to higher education

Question 16

1.32(a)(6) Patent Practitioner of Record

Answer 16

patent agent or attorney with written, signed power of attorney in application/proceeding

Question 17

1.51(b) Application

Answer 17

1) specification (incl. claims)
2) inventor’s oath
3) drawings
4) filing, search, examination, and application size fees

Question 18

1.51(c) Provisional Application

Answer 18

1) cover sheet
2) specification
3) drawings
4) filing and application size fees

Question 19

1.56 Duty to Disclose

Answer 19

material to patentability - directly refutes patentability (or makes prima facie unpatentable)