Review Question Points

Question 1

1. MPEP 100 Power to Inspect

Answer 1

May be given by the attorney of record, inventor, or assignee of record.

CFR 1.14(a) MPEP 104

Question 2

2. MPEP 100 True Facts about PTO

Answer 2

1. All pending utility application are NOT open to the public.
2. All reissue application ARE open to the public.
3. A pending interference file awaiting an award of priority is NOT open to the public.
4. All pending plant and design patent applications ARE NOT open to the public.

MPEP 101

Question 3

3. MPEP 100 What are NOT OPEN to the public?

Answer 3

1. A CIP of an issued patent
2. All abandoned patent application
3. All pended patent applications
4. All assignment records relating to pending patent applications
5. Assignment records relating only to unpublished pending patent applications

Question 4

4. MPEP 300 What files ARE OPEN to the public?

Answer 4

1. Interference files involving an issued patent where the interference has been terminated.
2. Papers relating to a reexamination proceeding which have been entered of record in a re-examination file.
3. Assignment records relating only to unpublished pending patent applications.
4. An assignment record relating to a pending patent and an issued patent (as soon as first issues).

Question 5

5. MPEP 100 How to obtain status of a parent patent application with serial number?

Answer 5

Submit a written request for the status of the parent application which includes a copy of the patent.

Question 6

6. MPEP 200 How to Correct Inventorship without deceptive intent?

Answer 6

File a continuing application with a declaration signed by both inventors.

File a petition to the Commissioner with the appropriate petition fee setting forth satisfactory proof of facts regarding the misjoinder of inventorship and requesting a change in the inventorship.

Question 7

7. MPEP 200 How to Correct Inventorship of Joint Inventorship?

Answer 7

File a new oath of missing inventor and file an ADS adding Mary as an inventor, along with a fee for correcting inventorship.

Question 8

8. MPEP 200 Difference between proper CIP and a proper continuation

Answer 8

A continuation application must contain the same disclosure as the parent application and be drawn to the same claimed invention.

A CIP may add new material not previously disclosed in the parent application.

Question 9

9. MPEP 200 Claiming Priority of Earlier Applications

Answer 9

The earlier application must describe the invention disclosed in the manner provided by the first paragraph of 112.

In addition to best mode, the specification must be enabling and describe the invention.

Question 10

10. MPEP How to perfect foreign priority of a Parent Application?

Answer 10

File a reissue application.

Question 11

11. MPEP How to perfect foreign priority of a Divisional of a Parent that has property filed for priority?

Answer 11

File a request for a Certificate of Correction and proper fee

Question 12

12. MPEP Little trick with public access and having a bundle of applications with one issued patent

Answer 12

Records are available if the application is referred to a number of patents, MUST have one issued patent.

Question 13

13. MPEP What to do with Assignees when filing a CIP?

Answer 13

Prepare and file the papers assigning the CIP to the assignee because a new assignment is needed to be issued.