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5 Written questions

5 Matching questions

  1. Appeal
  2. Prospective manufacture
  3. Amendment is received in PTO before NOA is mailed, but does not get to examiner until after NOA is mailed
  4. Non-responsive reply
  5. What submissions are not allowed with a RCE?
  1. a 1) Appeal briefs under section 1.192
    2) Reply briefs under 193(b)
  2. b It has same standing as if NOA was not mailed
  3. c 1) If intentional, must remedy within statutory period to avoid abandonment
    2) If unintentional, examiner can either accept it or require reply within remaining period or set a new 1 month time limit (extendable); new time limit cannot be given after final OA
  4. d An applicant can appeal after two or more actions on the merits, and after any final rejection
  5. e 1) sufficient capital facilities
    2) will not manufacture w/o granted patent
    3) will manufacture if patent is granted
    4) made a prior art search or has good knowledge of prior art

5 Multiple choice questions

  1. 1) Due dates are calculated from PTO mailing date
    2) EOT cannot exceed the 6 month statutory period for Office actions
  2. Licenses are obtained automatically 6 months after the filing date. They can also be obtained retroactively with a petition (countries filed, dates, not secret, license was diligently sought, filing was in error w/o deceptive intent) and fee.
  3. 1) infringing product/method is on the market/in use
    2) comparison to claims made
    3) search of prior art or good knowledge
  4. It is considered abandoned
  5. 1) nature of changes to claims or spec that would result from entry of amendment;
    2)state of preparation of first OA as of date of receipt or pre. Amendment

5 True/False questions

  1. When is a preliminary amendment received by PTO?By filing a written declaration identifying the application; however, express abandonment of the application may not be recognized by the Office unless it is actually received in time to act before date of issue or publication.

          

  2. Who can perform express abandonment?1) Applicant(s)
    2) Owner(s)
    3) Attorney of record
    4) Attorney not of record but acting in representative capacity

          

  3. Which petitions to make special DO NOT require a fee?1) Applicant's health (w/ doctor's certificate)
    2) Applicant is 65 or over
    3) invention will materially enhance the quality of the environment
    4) invention will materially contribute to energy resource development or conservation

          

  4. Any new (not previously examined) application require a fee if1) claims are to a single invention
    2) a search was made
    3) provides copies of closest references
    4) provide detailed discussion of references and why claims are patentable over them. If not met applicant gets second chance to meet them

          

  5. Request for Continued Examination (RCE)A RCE provides a way for an applicant to obtain continued examination of an application after prosecution has closed by filing a submission and paying a fee. If a subsequent action is made final, an applicant can get continued examination again by filing submission and fee.

          

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