NAME: ________________________

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5 Written Questions

5 Matching Questions

  1. A preliminary amendment will generally not be disapproved if it filed no later than:
  2. Order of Examination
  3. When are foreign licenses obtained
  4. When do interviews occur?
  5. Any new (not previously examined) application require a fee if
  1. a Interviews do not occur before a first office action unless it's a continuation (or CPA) or substitute application
    2) No right to an interview after a final rejection
    3) Not normally allowed after filing an appeal brief
  2. b 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
  3. c 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.
  4. d 1) 3 months from filing date;
    2) filing date of CPA;
    3) OR 3 months from date the national stage is entered.

    NOT extendable time periods
  5. e Application are examined in order in which they are filed in the US. (Applications are examined on a first come, first served basis)

5 Multiple Choice Questions

  1. It will be accepted as a complete reply--safe harbor
  2. 1) Failure to Reply
    2) Express Abandonment
    3) Termination of Proceedings
  3. 1) Deferral of examination of application
    2) max of 3 years from earliest filing date from which benefit is claimed
    3) fees
    4) won't be granted after mailing of office action or notice of allowance
    5) must be in condition for publication
    6) no non-publication request
    7) regular (utility) and plant apps or internationa app that entered national stage--on or after Nov. 29, 2000
  4. As a constructive petition for extension of time
  5. Petitions to make special need to be in writing and identify the application by number and filing date

5 True/False Questions

  1. What is the proper response to objection?Petition to director


  2. Final Rejection1) 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)


  3. There is no unrestricted right to entry of amendments after final rejection unless what five conditions occur?1) Amendment cancels claims or complies with objections as to form
    2) Places case in condition for allowance or better form for appeal
    3) Adopts suggestions by examiner
    4) Period for reply cannot be extended more than 6 months from the date of the final action
    5) If applicant replies within 2 months from date of mailing of final rejection, and the PTO does not issues an advisory action until after the end of the 3 month shortened period for reply, any extension fee will be calculated from the mailing date of the advisory action


  4. What does RCE do?1) PTO will withdraw the finality of any OA
    2) Will be treated as request to dismiss an appeal and reopen prosecution if filed after filing of the Notice of Appeal but prior to decision
    3) If filed after a decision but before filing an appeal, it will serve to reopen prosecution. However, applicant must submit arguments, amendments, or a showing of facts as to why any rejection upheld or suggested by the Board should be removed


  5. Amendment is received in PTO before NOA is mailed, but does not get to examiner until after NOA is mailed1) application is owned by US
    2) Publication may be detrimental to public safety
    3) appropriate agency requests suspension


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