Tidbits

Question 1

A patent practitioner may not lie, cheat, or steal from their clients or the patent office.

Answer 1

True

Question 2

A patent practitioner may withhold relevant information from a client in some circumstances.

Answer 2

False

Question 3

A response to an official action may be filed more than six months after the date of the action.

Answer 3

False

Question 4

A reissue broadening claims may be filed more than two years after the issue date of the patent.

Answer 4

False

Question 5

An interview may be sought prior to issuance of an official action.

Answer 5

False

Question 6

An interview may be sought prior to issuance of an official action in continuations.

Answer 6

True

Question 7

A patent application may be filed in a foreign country without having obtained or been given a foreign filing license, unless the invention was made in another country.

Answer 7

False

Question 8

A foreign filing license must be obtained prior to filing a patent application in a foreign country for an invention invented in the US.

Answer 8

True

Question 9

Additional claims may be added and/or new issues may be presented as a matter of right after a final rejection.

Answer 9

False

Question 10

An application may be altered after it has been executed by the inventor(s) and filed with the original oath or declaration.

Answer 10

False

Question 11

A request may be made to suspend prosecution while an action is outstanding.

Answer 11

False

Question 12

A request may be made to suspend prosecution for an indefinite period of time.

Answer 12

False

Question 13

An acceptable response to an office action may address some rejections and objections on the merits and request that remaining issues be deferred.

Answer 13

False

Question 14

A reply to an Office action by the applicant or patent owner must be reduced to a writing which distinctly and specifically points out the supposed errors in the examiner’s action and must reply to every ground of objection and rejection in the prior Office action.

Answer 14

True

Question 15

A reply to an Office action must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references.

Answer 15

True

Question 16

If the reply to an office action is with respect to an application, a request may be made that objections or requirements as to form not necessary to further consideration of the claims be held in abeyance until allowable subject matter is indicated.

Answer 16

True

Question 17

If the reply to an office action is with respect to an application, the applicant may not request that objections or requirements as to form not necessary to further consideration of the claims be held in abeyance, but must respond to each and every issue of form.

Answer 17

False

Question 18

In a reply to an Office action, a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this 714.02.

Answer 18

True

Question 19

A first rejection may be appealed.

Answer 19

False

Question 20

A first rejection in a continuation application may be appealed if the first rejection is made Final.

Answer 20

True

Question 21

An application conveyed to the Patent Office via Federal Express will be granted a filing date that is the date of mailing.

Answer 21

False

Question 22

An application conveyed to the Patent Office via Federal Express will the granted a filing date that is the date of delivery to the Office.

Answer 22

True

Question 23

An application mailed to the USPTO via Priority Mail Express will be granted a filing date the same as the mailing date.

Answer 23

True

Question 24

An application mailed to the USPTO via Priority Mail Express will be granted a filing date the same as the date of receipt in the office.

Answer 24

False

Question 25

A recorded assignment need not be in English, be accompanied by a translation, or identify an application or patent by its filing date and serial number or patent number in order to be valid.

Answer 25

False

Question 26

A recorded assignment must be in English or accompanied by a translation.

Answer 26

True

Question 27

A recorded assignment must identify an application or patent by filing date and serial number or by patent number.

Answer 27

True

Question 28

An application may be amended to include new matter.

Answer 28

False

Question 29

A continuation, division, or continuation-in-part need not be copending with the parent application.

Answer 29

False

Question 30

A continuation, division, or CIP must be copending with its parent.

Answer 30

True

Question 31

A design application may contain only one formal claim.

Answer 31

True

Question 32

A design application may contain up to 3 independent claims and up to 20 claims total before incurring additional fees.

Answer 32

False

Question 33

An application may be filed without drawings where drawings are necessary to understand the invention.

Answer 33

False

Question 34

In an application filed without drawings, but where drawings are required to understand the invention, drawings may be submitted after filing but before substantial examination with a petition and fee.

Answer 34

False

Question 35

A plant patent may be filed on a potato.

Answer 35

False

Question 36

A plant found in the wild is patentable.

Answer 36

False

Question 37

A plant that has not been asexually reproduced may be patented.

Answer 37

False

Question 38

Access to an unpublished abandoned application can always be obtained by filing a petition for access and paying the appropriate fee.

Answer 38

False

Question 39

Access to an unpublished abandoned application cannot be obtained unless it is mentioned in an issued patent or other special circumstances apply.

Answer 39

True

Question 40

A restriction requirement can be traversed without making an election.

Answer 40

False

Question 41

A restriction requirement may be traversed but an election must be made.

Answer 41

True

Question 42

An application may be filed which does not contain disclosure adequate for one of ordinary skill in the art to practice the invention or which does not disclose the best mode of carrying out the invention or a written description of the invention.

Answer 42

False

Question 43

The best mode contemplated by the inventor of carrying out his or her invention must be set forth in the description.

Answer 43

True

Question 44

There is no best mode statutory requirement for the disclosure of a specific example.

Answer 44

True

Question 45

A patent specification is not intended nor required to be a production specification.

Answer 45

True

Question 46

Information which has been disclosed to a practitioner in confidence by a client may be shared without permission of the client.

Answer 46

False

Question 47

A practitioner shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is
impliedly authorized in order to carry out the representation, the disclosure is permitted by 37 CRF 11.106(b), or is required by paragraph 11.106(c).

Answer 47

True

Question 48

A practitioner may reveal confidential client information to the Office in order to comply with applicable duty of disclosure provisions.

Answer 48

True

Question 49

A multiple dependent claim may depend from another multiple claim directly or indirectly.

Answer 49

False

Question 50

A multiple dependent claim may not depend from another multiple dependent claim.

Answer 50

True

Question 51

An automatic six month extension of time may be requested by petition.

Answer 51

False

Question 52

A practitioner may withdraw from representing a client in a pending application without the permission of the Commissioner of Patents.

Answer 52

False

Question 53

There is a 90 day window to record an assignment.

Answer 53

True

Question 54

If a practitioner learns of an ethical breach made by a second practitioner, the former has a duty to notify the Patent Office.

Answer 54

True

Question 55

A certified copy of a foreign patent application from which a US application claims priority must be submitted to the Patent Office.

Answer 55

True

Question 56

A certified copy of a foreign patent application from which a US application claims priority must be submitted to the Patent Office with any continuation that is filed.

Answer 56

False

Question 57

A provisional application may claim foreign priority.

Answer 57

False

Question 58

A provisional application cannot claim priority from any other application or patent.

Answer 58

True

Question 59

A foreign filing license is not required for a design patent.

Answer 59

False

Question 60

A foreign filing license is required for a design patent.

Answer 60

True

Question 61

An inventor who is a citizen of Germany and conceived of an invention while on vacation in the US is required to obtain a foreign filing license from the USPTO in order to file a patent application for that invention in Germany.

Answer 61

True

Question 62

The most common types of linking claims which, if allowable, act to prevent restriction between inventions that can otherwise be shown to be divisible, are genus claims linking species claims; and subcombination claims linking plural combinations.

Answer 62

True

Question 63

Where an application includes claims to distinct inventions as well as linking claims, restriction can nevertheless be required.

Answer 63

True

Question 64

In order to be eligible for rejoinder, a claim to a nonelected invention must depend from or otherwise require all the limitations of an allowable claim.

Answer 64

True

Question 65

In order to retain the right to rejoinder, the claims to the nonelected invention(s) should be amended during prosecution to require the limitations of the elected invention.

Answer 65

True

Question 66

In order to be eligible for rejoinder, a claim to a nonelected invention must depend from or otherwise require all the limitations of an allowable claim.

Answer 66

True

Question 67

In order to be eligible for rejoinder, a claim to a nonelected invention must be linked to an allowable claim by a linking claim.

Answer 67

False

Question 68

Where restriction was required between a product and a process of making and/or using the product, and the product invention was elected and subsequently found allowable, all claims to a nonelected process invention must depend from or otherwise require all the limitations of an allowable claim for the claims directed to that process invention to be eligible for rejoinder.

Answer 68

True

Question 69

If an applicant elects a claim(s) directed to a product which is subsequently found allowable, withdrawn process claims which depend from or otherwise require all the limitations of an allowable product claim will be considered for rejoinder.

Answer 69

True

Question 70

If applicant cancels all the claims directed to a nonelected process invention before rejoinder occurs, the examiner should not withdraw the
restriction requirement in order to preserve the applicant’s rights to a divisional application.

Answer 70

True

Question 71

If applicant cancels all the claims directed to a nonelected invention before rejoinder occurs, the examiner should withdraw the restriction requirement.

Answer 71

False

Question 72

The only type of application that can be submitted via facsimile is a CPA.

Answer 72

True

Question 73

The only document that can be filed at the USPTO that requires a wet signature is a credit card authorization form submitted with a mailed application.

Answer 73

True

Question 74

Oaths and declarations must be executed with a wet signature.

Answer 74

False

Question 75

A USPTO Examiner may initiate communication with an applicant via telephone on matters related to restriction requirements and Examiner amendments.

Answer 75

True

Question 76

Internet-based communication between an Examiner and applicant or applicant’s representative must be pre-approved.

Answer 76

True

Question 77

According to PLTIA, a new application filed need only be filed with a specification in order to be granted a filing date.

Answer 77

True

Question 78

A proper third party submission of prior art under 37 CFR 1.501 submitted after an order for reexamination in a pending reexamination proceeding is entered into the patent file.

Answer 78

False

Question 79

A proper third party submission of prior art under 37 CFR 1.501 submitted after an order for reexamination in a pending reexamination proceeding is stored until the proceeding is concluded, then entered into the patent file.

Answer 79

True

Question 80

A claim can be argued as patentable on grounds of a feature or limitation not in that claim.

Answer 80

False

Question 81

A claim cannot be argued as patentable because of a feature or limitation which is not in that claim.

Answer 81

True

Question 82

A refund as a small entity can be obtained more than three months since the date the large entity fee was paid.

Answer 82

False

Question 83

A refund as a small entity cannot be obtained after more than three months have passed since the date a large entity fee was paid.

Answer 83

True

Question 84

A request for reexamination can be based on prior art other than patents or publications.

Answer 84

False

Question 85

A request for reexamination must be based on prior art consisting of patents and/or publications.

Answer 85

True

Question 86

A paper may be filed in an application and thereafter requested to be placed in the files of other applications.

Answer 86

False

Question 87

A pre-AIA 102(b) rejection may be sworn back of.

Answer 87

False

Question 88

All papers submitted are filed, even if the intended purpose is improper.

Answer 88

False

Question 89

A registered practitioner may file on behalf of a client without that client’s authority.

Answer 89

False

Question 90

Automatic extensions of time are available in a reexamination.

Answer 90

False

Question 91

Extensions of time in a reexamination must be requested under 37 CRF 1.550(c) and accompanied by a fee.

Answer 91

True

Question 92

DVDs can be viewed in an interview if it has a bearing on an outstanding issue and will advance prosecution.

Answer 92

True

Question 93

A multiple dependent claim may combine other claims.

Answer 93

False

Question 94

An extension of time may be obtained to pay an issue fee.

Answer 94

False

Question 95

Claims may be broadened in a reexamination.

Answer 95

False

Question 96

Claims cannot be broadened in a reexamination.

Answer 96

True

Question 97

An extension of time may be obtained to file an IDS.

Answer 97

False

Question 98

The latest an IDS may be submitted with an additional fee is on the day the issue fee is paid.

Answer 98

True

Question 99

An IDS is timely filed without incurring additional fees:
Within 3 months of filing an application (except CPA);
Within 3 months of entry to national stage;
Before first office action on merits;
Before first office action in an RCE;
Within 3 months of Hague application publication

Answer 99

True

Question 100

An IDS is timely filed if submitted with the appropriate fee:
Before a final action;
Before allowance;
Before prosecution is terminated;
On or before payment of the issue fee

Answer 100

True

Question 101

Drawings cannot normally be transferred from one pending application to another pending application.

Answer 101

True

Question 102

Drawings can be transferred from one pending application to another pending application.

Answer 102

False

Question 103

Drawings may be transferred from one pending application to another pending application if hardship is demonstrated.

Answer 103

True

Question 104

An inventor’s oath or declaration may be amended.

Answer 104

False

Question 105

A new inventor’s oath or declaration must be executed if any changes are needed.

Answer 105

True

Question 106

An abandoned application may be revived by petition without submitting a response to an outstanding office action.

Answer 106

False

Question 107

An application that was deliberately abandoned may be revived by petition.

Answer 107

False

Question 108

Mistakes or errors made deliberately in an application can be corrected with a certificate of correction.

Answer 108

False

Question 109

Deliberate mistakes or errors cannot be corrected.

Answer 109

True

Question 110

A reexamination may be based on prior invention, prior sale, prior use, or public knowledge.

Answer 110

False

Question 111

A continuation application may be filed instead of a response without also filing a request for an extension so that the continuation and its parent are copending.

Answer 111

False

Question 112

A claim in a reissue or reexamination my be amended by interlineation.

Answer 112

False

Question 113

A claim in a reexamination may be amended by underlining the words to be added to a previously amended claim and bracketing the words to be deleted from a previously amended claim.

Answer 113

False

Question 114

Changes to the specification during a reexamination, other than to the claims, must be made by submission of the entire text of an added or rewritten paragraph
including markings, except that an entire paragraph may be deleted by a statement
deleting the paragraph, without presentation of the text of the paragraph.

Answer 114

True

Question 115

Any changes relative to the patent being reexamined which are made to the specification, including the claims, must include the following markings:
1) The matter to be omitted by the reexamination proceeding must be enclosed in brackets; and
2) The matter to be added by the reexamination proceeding must be underlined.

Answer 115

True

Question 116

An amendment paper in a reexamination must include the entire text of each patent claim which is being proposed to be changed by such amendment paper and of each new claim being proposed to be added by such amendment paper.

Answer 116

True

Question 117

For any claim changed by the amendment paper during a reexamination, a parenthetical expression “amended,” “twice amended,” etc., should follow the claim number.

Answer 117

True

Question 118

The Commissioner may be petitioned to appeal any rejection or objection.

Answer 118

False

Question 119

A double patenting rejection of the same invention (anticipation) may be overcome by filing a terminal disclaimer.

Answer 119

False

Question 120

A double patenting rejection of the same invention (anticipation) may be overcome by amending the conflicting claims so that they are not coextensive in scope.

Answer 120

True

Question 121

An improper restriction requirement may be appealed to the Board.

Answer 121

False

Question 122

Failure to claim priority may be corrected with a Certificate of Correction.

Answer 122

False

Question 123

Failure to claim priority may be corrected with a Certificate of Correction if priority was perfected in a parent application.

Answer 123

True

Question 124

A reissue application may recapture subject matter cancelled in the parent.

Answer 124

False

Question 125

Persons who are not US residents or nationals may file a PCT at the USPTO.

Answer 125

False

Question 126

An inventor may swear back of a pre-AIA 102(e) anticipation which claims the same invention.

Answer 126

False

Question 127

A Rule 1.53(d) continuation may be filed without abandoning the parent application.

Answer 127

False

Question 128

Drawings from an application which is about to issue may be transferred to a divisional application

Answer 128

False

Question 129

Amendments to claims and/or a specification are held to be self-explanatory.

Answer 129

False

Question 130

Claims and/or a specification may be amended without submitting additional remarks explaining how the amendments overcome the rejections and objections of the examiner.

Answer 130

False

Question 131

An application may be filed to replace a provisional application more than one year after the filing of the provisional.

Answer 131

False

Question 132

An extension to a patent term for any part of the appeal time may be obtained.

Answer 132

False

Question 133

An extension to a patent term may be obtained for any part of the appeal time in which prosecution was not being diligently pursued.

Answer 133

False

Question 134

Claims may be copied from another patent without advising the Office which patent the claims are copied from.

Answer 134

False

Question 135

An extension of time may be obtained to claim small entity status and obtain a refund.

Answer 135

False

Question 136

Interviews are prohibited in a supplemental proceeding.

Answer 136

True

Question 137

No amendments may be filed in a supplemental examination proceeding.

Answer 137

True

Question 138

A party other than the patent owner is prohibited from filing papers or otherwise participating in any manner in a supplemental examination proceeding.

Answer 138

True

Question 139

A patent owner does not have a right to file a patent-owner statement in a reexamination resulting from a supplemental examination.

Answer 139

True

Question 140

The filing date of a request for supplemental examination will not be granted if the request is not in compliance.

Answer 140

True

Question 141

A filing date for a petition for a derivation cannot be obtained unless the petition is received by the Office with the appropriate fee.

Answer 141

True

Question 142

A filing date ____ be obtained without submitting inventorship, filing fee, oath/declaration, or English translation.

Answer 142

can

Question 143

Access _____ be obtained to any unpublished pending or unpublished abandoned application which is mentioned in an issued parent.

Answer 143

can

Question 144

A reexamination may be requested on any patent on the basis of prior art in for form of a _____ or _____.

Answer 144

printed publication
patent

Question 145

Any _____ application may be protested.

Answer 145

pending

Question 146

A five-month automatic extension of time can be retroactively obtained with a _____ and ____ at the time the response is filed.

Answer 146

petition
fee

Question 147

A filing date for a _____, including a continuation, CIP, or division can be obtained by using Priority Mail Express service even on a weekend or holiday.

Answer 147

new application

Question 148

When automatic extensions of time are not available, extensions can be obtained _____.

Answer 148

for cause

Question 149

An issue fee may be paid ____ if the delay was unintentional.

Answer 149

late

Question 150

An application may be made _____.

Answer 150

special

Question 151

An Examiner may be interviewed _____ an official action has been issued.

Answer 151

after

Question 152

Claims in a reexamination can be _____ in response to an official action.

Answer 152

amended

Question 153

A foreign filing license is ____ to file a patent application in another country.

Answer 153

needed

Question 154

A patent _____ be revived after inadvertent abandonment due to failure to pay a maintenance fee.

Answer 154

may

Question 155

Inventorship of a pending application or issued patent _____ be corrected via a Certificate of Correction.

Answer 155

can

Question 156

A petition _____ be made to withdraw an application from issue in order to have an interference or to permit consideration of an IDS in a continuation application.

Answer 156

may

Question 157

_____ claims can be obtained in a reissue application filed within two years from issue.

Answer 157

Broader

Question 158

A citation of art limited to printed patents and publications can be filed in _____ issued patent.

Answer 158

any

Question 159

An applicant may file comments in response to an Examiner’s Reasons for _____.

Answer 159

Allowance

Question 160

A _____ may be filed and the parent application abandoned at any time the parent is still pending, provided that the parent and continuation are co-pending.

Answer 160

continuation

Question 161

An application may be _____ by showing that the abandonment was unintentional, and filing the required terminal disclaimer for a design application or a pre-6-8-95 application.

Answer 161

revived

Question 162

A double patenting rejection of the _____ type may be overcome by filing a terminal disclaimer which also provides that the patents will lapse if they ever cease being owned by the same entity.

Answer 162

obviousness

Question 163

An improper restriction requirement may be overturned by _____ after first asking the Examiner for reconsideration, electing as required and acting within two months from the decision of the Examiner on the request for reconsideration.

Answer 163

Petition to the commissioner

Question 164

A _____ may be filed in a reissue application.

Answer 164

continuation

Question 165

A recorded terminal disclaimer may be _____ until the date the patent issues.

Answer 165

withdrawn

Question 166

Rather than file a petition to correct inventorship, a _____ may be filed if at least one of the inventors remains in common.

Answer 166

continuation

Question 167

A _____ continuation or divisional may be filed by facsimilie if the parent is abandoned.

Answer 167

design

Question 168

A _____ continuation or divisional may be filed by facsimile if the parent is abandoned.

Answer 168

design

Question 169

A _____ specification may be filed.

Answer 169

substitute

Question 170

An extension may be obtained up to _____ months.

Answer 170

five

Question 171

The time period may be extended for completing an ____ bona fide response to a non-final action.

Answer 171

incomplete

Question 172

A patent owner may request a _____ of a patent at any time during the period of enforceability of the patent.

Answer 172

supplemental examination

Question 173

A _____ preissuance submission of relevant prior art may be made prior to the issuance of a patent.

Answer 173

third-party

Question 174

An applicant for a patent may file a petition to institute a _____ proceeding in the office.

Answer 174

derivation

Question 175

When you no longer want to work for the client in prosecuting a pending application, file a petition according to 402.05 seeking leave to _____.

Answer 175

withdraw

Question 176

When you want to file a patent application in another country on an invention which was made in the US, obtain a foreign filing license per MPEP 140 by:
a) waiting 6 months after filing,
b) granting of FFL on application filing receipt, or
c) petition the _____.

Answer 176

Commissioner

Question 177

To expedite an application through the Office per 708, file a 1.101 petition to make special or request ______ examination.

Answer 177

prioritized

Question 178

When you want to have the validity of one or more claims of an unexpired patent reconsidered in light of an issued patent or publication not originally considered by the PO, but do not believe that any error or mistake is present in the patent, file a request for ______ per MPEP 2214.

Answer 178

reexamination

Question 179

When you find that through error and inadvertence the claims of a patent issued less than 2 years ago are too narrow, file a ______ application per MPEP 1401.

Answer 179

reissue

Question 180

When you are far from the PO and the application must be filed today to avoid a bar, per MPEP 502 use _____ or file by fax under Rule 1.53(d).

Answer 180

Priority Mail Express

Question 181

When you have cancelled all the claims to which a given named inventor made a contribution, amend the application to _____ the inventor per Rule 1.48(a).

Answer 181

delete

Question 182

When the inventor cannot be reached or refuses to file a sole inventor application in which your client has an interest, file the application with a substitute statement in lieu of an executed ______ per Rule 1.64.

Answer 182

inventor’s oath or declaration

Question 183

When the inventor has made a subsequent improvement in the invention of a pending application which he feels should be part of the application, file a _____ per MPEP 201.08.

Answer 183

CIP

Question 184

When you have received an Official Action in a reexam setting a 2 month response period, but for good and sufficient reason you cannot file until 3 months, file a request for _____ per Rule 1.550(c).

Answer 184

extension of time for cause

Question 185

When for good reason you need to suspend prosecution and no Official Action is pending, file a _____ for a definite time per MPEP 709.

Answer 185

petition to suspend

Question 186

When the application becomes abandoned through inadvertence, file a _____ per MPEP 711.03 and Rule 1.137.

Answer 186

petition to revive

Question 187

When you want to bring prior art to the attention of the Examiner, and satisfy your duty of disclosure, file an ____ per MPEP 609.

Answer 187

information data sheet

Question 188

When you want to bring to the attention of the Patent Office prior art which you believe is material to the patentability of an application where you do not represent the inventors, you can file a _____ per MPEP 1901.03 or a _____ submission per Rule 1.290 and 35 USC 122(e).

Answer 188

protest

Third-party preissuance

Question 189

When a final rejection has issued and the Examiner for good reason refused to enter an amendment, file a continuation under Rule 1.53(b) or (d) if possible, or file a(n) ______.

Answer 189

request for continued examination

Question 190

When the patent issued without a proper claim for domestic or foreign priority per MPEP 1402, usually file a reissue application, but in one circumstance a ____ may suffice per MPEP 201.16.

Answer 190

certificate of correction

Question 191

A certificate of correction can generally be used to perfect a claim to foreign priority where a petition under 37 CFR 1.55(e) to accept an unintentionally delayed priority claim is filed with a request for a certificate of correction in a(n) ______.

Answer 191

issued patent

Question 192

Requests under Rule 1.55(e) to perfect a claim to foreign priority because delay was unintentional should not be granted where further ____ would be required (e.g. if the change in effective filing date changed the laws applied).

Answer 192

examination

Question 193

When an application was inadvertently filed in a foreign country without a foreign filing license, obtain a _____ foreign filing license.

Answer 193

retroactive

Question 194

When you discover three years after issue that through inadvertent error the claims are too broad and thus invalid, file a reissue application per MPEP 1401 or a _____ per MPEP 1490.

Answer 194

disclaimer

Question 195

When your corporate client has an employee who has made an invention which she is contractually obligated to assign to the company but refuses to execute a declaration, file the application under Rule 1.46 using a ____.

Answer 195

substitute statement

Question 196

When you have received a rejection citing prior art which is an anticipation under pre-AIA 102(e), but does not claim the invention, and can establish a date of invention before the effective filing date of the reference, _____ of the reference under Rule 1.131.

Answer 196

swear back

Question 197

When it is the last day to file a response to an official action, the response is complete, but there is insufficient time to deliver the response to the Office, mail the response with a certificate of mailing or fax with a proper certificate of _____ per MPEP 512.

Answer 197

transmission

Question 198

When you have evidence that claims in a not-yet-published pending application in which you do not represent the applicant are invalid because of prior public use, file a ____ per MPEP 720.

Answer 198

protest

Question 199

When you find that when the Office printed your patent they made several mistakes, obtain a certificate or correction per MPEP 1480; but a ___ will not be required.

Answer 199

fee

Question 200

When you learn that several claims are invalid for reasons which do not involve deceptive intent on your part, but you believe in good faith that the remainder are valid, file a ____ of the invalid claims per MPEP 1490.

Answer 200

disclaimer

Question 201

When you receive a proper double patenting rejection of the obviousness type under MPEP 804, file a ____ which must apply to all the claims.

Answer 201

terminal disclaimer

Question 202

When your client obtains title to a patent application by a written assignment per MPEP 302, ____ the assignment in the Office.

Answer 202

record

Question 203

When you learn facts establishing that another registered Agent in an unrelated matter has violated the Rules of Professional Responsibility, bring the facts of the attention of ____.

Answer 203

the Patent Office

Question 204

In reading the issued patent you find that the claims you submitted had several typos. You can obtain a ____ per MPEP 1481 and pay the required fee.

Answer 204

certificate of correction

Question 205

If you determine that it is possible that inequitable conduct may have been committed due to failure to disclose material prior art, file a request for ____ under Rule 1.601.

Answer 205

supplemental examination

Question 206

A retroactive foreign filing license may be obtained ____ issue.

Answer 206

before and after

Question 207

A person who is not the owner of the patent may file a petition to institute an inter partes review per Rule 42.100 or ____ review per Rule 42.200.

Answer 207

post-grant

Question 208

A covered business method patent review per Rule 42.300 may be petitioned for only by one who has been at least charged with ______ or sued.

Answer 208

infringement

Question 209

6-8-95 is the transition date for patent _____.

Answer 209

term

Question 210

3.5, 7.5, and 11.5 years post-issue are times when ____ are due.

Answer 210

maintenance fee

Question 211

A deign patent term is ___ years.

Answer 211

15

Question 212

The old utility patent term is 17 years from _____.

Answer 212

issue

Question 213

The new utility patent term is 20 years from _____.

Answer 213

filing

Question 214

Applicant response to Remand by the Board deadline is _____.

Answer 214

30 days

Question 215

Unextendible time period allowed to file DOE and NASA statements in response to a formal Office request is _____.

Answer 215

30 days

Question 216

The shortest shortened statutory period for responding to the PTO is ____.

Answer 216

1 month

Question 217

The deadline for responding to Notice of Missing Parts is _____.

Answer 217

2 months

Question 218

All deadlines on appeal are _____.

Answer 218

2 months

Question 219

A petition after decision on reconsider by the examiner must be filed within _____.

Answer 219

2 months

Question 220

The period for responding in a reexamination is _____.

Answer 220

2 months

Question 221

Quayle Actions are issued when there are minor issues to be resolved in a patent application that is otherwise in condition for allowance and _____ has closed.

Answer 221

prosecution

Question 222

The unextendable period to pay issue fee and file formal drawings is _____.

Answer 222

3 months

Question 223

The design application foreign priority deadline is _____.

Answer 223

6 months

Question 224

The maximum time of patent term extension for delay in appeal is ______.

Answer 224

5 years

Question 225

12-1-97 is the effective date of the 1997 _____.

Answer 225

Rule Changes

Question 226

On or after 11-29-00, US applications are automatically published and International Applications can potentially accrue a 102(e) date if they designate the US and publish in _____.

Answer 226

English

Question 227

A 3rd party pre-issuance submission must be filed prior to the later of pub+6 or date of 1st rejection of any claim, but must be filed prior to _____.

Answer 227

allowance

Question 228

9-16-12 is the phase 2 date of AIA, including new oath/declaration requirements, supp exam, pre-issuance submissions, inter partes review, post-grant review, and covered _____.

Answer 228

business method review

Question 229

3-16-13 is the implementation of “first to file” and AIA _____.

Answer 229

102

Question 230

Date of invention can be established by acts in WTO countries which take place after 1-1-96, but this does not change dates as prior art except during a(n) _____.

Answer 230

interference

Question 231

Unless a reexamination is initiated as the result of supplemental examination, the basis for reexamination is limited to ____ and _____.

Answer 231

prior patents and publications

Question 232

Unless a reexamination is initiated as the result of supplemental examination, the basis for reexamination is limited to ____ and _____.

Answer 232

prior patents and publications

Question 233

If a reexam results from supplemental examination, in addition to prior patents and publications, ____ issues will be considered.

Answer 233

all

Question 234

If a reexam results from supplemental examination, in addition to prior patents and publications, ____ issues will be considered.

Answer 234

all

Question 235

The six month rule does not apply to appeal briefs or responses to a ____.

Answer 235

notice of missing parts

Question 236

The six month rule does not apply to appeal briefs or responses to a ____.

Answer 236

notice of missing parts

Question 237

Pre-AIA 102(b) prior art cannot be _____.

Answer 237

sworn behind

Question 238

Pre-AIA 102(b) prior art cannot be _____.

Answer 238

sworn behind

Question 239

The only way to get a filing date for a new application other than the date received at the Office is by using Priority Mail Express or fax in the case of _____.

Answer 239

CPAs

Question 240

The only way to get a filing date for a new application other than the date received at the Office is by using Priority Mail Express or fax in the case of _____.

Answer 240

CPAs

Question 241

While filing a first reply to a Final Rejection within 2 months can grant a variable reply period, it does not change the deadline to _____.

Answer 241

appeal

Question 242

While filing a first reply to a Final Rejection within 2 months can grant a variable reply period, it does not change the deadline to _____.

Answer 242

appeal

Question 243

Pre AIA common ownership can remove a 103/102(e), (f), or (g) _____.

Answer 243

rejection

Question 244

Pre AIA common ownership can remove a 103/102(e), (f), or (g) _____.

Answer 244

rejection

Question 245

Post AIA common ownership can remove a 102(a)(2) rejection under ____.

Answer 245

102(b)(2)(c)

Question 246

Post AIA common ownership can remove a 102(a)(2) rejection under ____.

Answer 246

102(b)(2)(c)

Question 247

A registered agent or attorney can advertise, but the advertisement must state their _____.

Answer 247

name

Question 248

An applicant whose legal name has changed must submit a petition with fee and an affidavit to change the name on the ____.

Answer 248

application

Question 249

A disclaimer can be of less than all the claims in a patent, but a terminal disclaimer must be of ___ the claims.

Answer 249

all

Question 250

The only class of people in the world barred from filing for US patents are current employees of the ____.

Answer 250

USPTO

Question 251

Rule 1.53(d) continuations and divisionals are available only in _____ applications filed 7-14-13 and onwards.

Answer 251

design

Question 252

Applications for reissue are automatically given ____ status.

Answer 252

special

Question 253

Whenever an agent or attorney responds to a Final Rejection within two months, the deadline for response is extended to the date the Advisory Action is mailed or the 6 month statutory deadline, whichever is _____.

Answer 253

earlier

Question 254

A reissue or reexamination cannot be filed to withdraw or nullify the effects of a _____.

Answer 254

terminal disclaimer

Question 255

A petition to make special for an HIV or cancer related invention bears a fee and cannot be basis of a Special Status in a post-August 2006 filing date application unless Accelerated Examination procedure is ____.

Answer 255

followed

Question 256

When an election of invention or species is made in response to a restriction requirement, the non-elected claims are withdrawn, not ____.

Answer 256

cancelled

Question 257

If the finality of a rejection is improper, typically because a new ground of rejection was not necessitated by an action of the applicant, then the applicant can petition to have it ____ per MPEP 706.07(e).

Answer 257

withdrawn

Question 258

If the Office holds an application abandoned and it became abandoned because of a mistake by the applicant, the remedy is ____.

Answer 258

revival

Question 259

If the Office holds an application abandoned and the Office made a mistake calculating the due date etc., the remedy is a petition to withdraw the ____.

Answer 259

holding of abandonment

Question 260

An attorney or agent who wants to cease representing a client who has not revoked the PoA must petition the Commissioner to ____.

Answer 260

withdraw

Question 261

Petitions to withdraw from representation are not normally granted within 30 days of the “drop dead” date because the client will not have sufficient time to _____.

Answer 261

find new representation

Question 262

The granting of a request to withdraw from representing a client when time is short (before abandonment) depends on the sophistication of the client as to the PTA and how much opportunity and _____ they were provided.

Answer 262

notice

Question 263

After a Notice of Allowance has been transmitted, the patent must either issue, be abandoned, or withdrawn from issue by ____.

Answer 263

petition