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5 Written Questions

5 Matching Questions

  1. When is a final rejection improper?
  2. Revival of Abandoned Applications
  3. Express abandonment after receipt of Notice of Allowance
  4. Any new (not previously examined) application require a fee if
  5. When is an application recognized as being closed?
  1. a Applicant should submit declaration along with a petition to withdraw the application from issue and fee.
  2. b 1) application is under appeal
    2) last office action is final
    3) notice of allowance
    4) Another action that closes prosecution
  3. c Can occur...sometimes
  4. d 1) 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. e A final rejection is not proper if it is:
    1) the first office action in a CIP at least one claim includes subject matter not present in parent;
    2) the first office action in a substitute application containing material presented after final rejection in an earlier application but was denied entry based on new matter

5 Multiple Choice Questions

  1. 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.
  2. 1) filed along with a request for CPA
    2) must specify time of requested suspension (no more than 3 months)
    3) fee
  3. It will be accepted as a complete reply--safe harbor
  4. 1) safety of recombinant DNA research
    2) superconductivity
    3) HIV/AIDS or cancer
    4) counter-terrorism
    5) biotechnology (small entities)
    6) Prospective manufacture
    7) Actual infringement
    8) Any new application
  5. It has same standing as if NOA was not mailed

5 True/False Questions

  1. What is the difference in the treatment of a supplemental oath or declaration and a supplemental reissue oath or declaration?The max period is 6 MONTHS; office will notify applicant


  2. Who can properly sign a response?1) Applicant(s)
    2) Owner(s)
    3) Attorney of record
    4) Attorney not of record but acting in representative capacity


  3. Foreign Filing Liscense1) Due dates are calculated from PTO mailing date
    2) EOT cannot exceed the 6 month statutory period for Office actions


  4. Final RejectionA final rejection is any second or later rejection, unless: new rejection of claim that was not added or substantively amended; rejection is based on newly cited art other than info submitted and IDS.


  5. Petitions to make special1) If there is failure to reply it will be automatically become abandoned
    2) If applicant replies within the time period but the reply is not fully responsive, the application still may be abandoned (EOT may be given if response appears to be a bona fide attempt to respond)


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