Quizzes for 3-Ring Binder

Question 1

National-stage PCT applications and Rule 53 applications differ in what two ways?

Answer 1

1. Different restriction requirements
   
   • Unity of Invention for National-stage PCT application
   • Examiner discretion for Rule 53 applications
2. Effective Filing date
   - Under Pre-AIPA Law; 102(e) date for a National Stage application originally published in a foreign language is the date that the last of the translation, oath and fee are submitted
   - Under AIA, 102(a)(2) date of a PCT is the earliest effective filing date

Question 2

What does 37 CFR 1.48 allow?

Answer 2

Correction of Inventorship in pending applications

Question 3

What is the DIFFERENCE between a PROVISIONAL and NON-PROVISIONAL filing?

Answer 3

• No Oath
• No Claims
• Provisional cannot reference priority to any other application
• Provisional is abandoned 12 months after filing, and does not publish

Question 4

What sections of RULE 48 require a FRESH DECLARATION?

Answer 4

ALL, if a new inventor is added

Question 5

What is the circumstance when a CONTINUATION CANNOT be filed to correct inventorship?

Answer 5

When there is no common inventor in the continuation and its parent

Question 6

In a NON-PROVISONAL, the …..determines INVENTORSHIP.

Answer 6

Oath or declaration or ADS

Question 7

What are the SEVEN NO’s for PROVISIONAL applications?

Answer 7

1. No claims
2. No oath or declaration
3. No examination or amendment
4. No Design applications
5. No claims of priority
6. IDS
7. No priority to a design application
   .

Question 8

A SUBSTITUTE is……..

Answer 8

An application which would have been a continuation had it been copending

Question 9

………applications can be filed under Rule 1.53(b), but only ……. and ……. of DESIGN applications can be filed under Rule 1.53(d)

Answer 9

ALL….applications can be filed under Rule 1.53(b),
but only….CONTINBUATIONS and DIVISIONS…. of design applications can be filed under Rule 1.53(d)

Question 10

A Rule 1.53(d) application is called a …….

Answer 10

CPA (Continued Prosecution Application)

Question 11

To PERFECT FOREIGN PRIORITY, an application must make a ………, and submit……….

Answer 11

make a …Claim to FOREIGN PRIORITY,
and submit…..a CERTIFIED COPY of the priority document and list the prior filing in an ADS

Question 12

In order to CONVEY LEGAL TITLE, an assignment must be in ……….

(Chapter 300)

Answer 12

In WRITING

Question 13

A RECORDED document is available if….of the patent properties assigned is or becomes an issued patent.

(Chapter 300)

Answer 13

Any

Question 14

Anyone in the world can apply for a US patent except…..

(Chapter 300)

Answer 14

Patent Office Employees (while working and 1 year afterwards)

Question 15

In order for a 2nd purchaser to take title because of failure of the 1st purchaser to record, the 2nd purchase must be….. and ……….

(Chapter 300)

Answer 15

For CONSIDERATION

WITHOUT NOTICE

Question 16

An assignment in a FOREIGN LANGUAGE will not be accepted for recording unless….

(Chapter 300)

Answer 16

It is accompanied by a TRANSLATION

Question 17

At the time the invention is made, it is owned by…..unless it was previously assigned.

Answer 17

The INVENTOR(S)

Question 18

Agents and attorneys are appointed by

Answer 18

Power of Attorney

Question 19

The Patent Office will NOT grant a Petition to Withdraw from Representation unless…

Answer 19

1. Sufficient notice provided to client
2. All property (documents, money) returned
3. Notice of deadlines provided

Question 20

Under Rule 1.45, a co-inventor may sign the OATH or DECLARATION on behalf of a ……

Answer 20

Dead, legally incapacitated, or

Question 21

Under Rule 1.46……may also sign the oath or declaration on behalf of……

Question 22

The DEATH of the INVENTOR…….the Power of Attorney

Answer 22

terminates