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5 Written Questions

5 Matching Questions

  1. When do interviews occur?
  2. When is a final rejection improper?
  3. When are foreign licenses obtained
  4. Foreign Filing Liscense
  5. Non-responsive reply
  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) 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
  3. c 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
  4. d 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.
  5. e US application will be rejected if applicant files in another country before receiving a foreign license (if the invention was made in US).

5 Multiple Choice Questions

  1. 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.
  2. Can occur...sometimes
  3. It will be accepted as a complete reply--safe harbor
  4. 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
  5. 1) Adding new matter to an application (must use a CIP for that)
    2) Provisionals
    3) Design applications
    4) Patents under reexaminations (reissues are fine)
    5) Patents and international application filed before June 8, 1995
    6) Application after the filing of notice of appeal or civil suit unless appeal or suit is terminated while application is still pending

5 True/False Questions

  1. 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

          

  2. 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

          

  3. Amendment is received in PTO before NOA is mailed, but does not get to examiner until after NOA is mailedIt has same standing as if NOA was not mailed

          

  4. Order of Examination1) Due dates are calculated from PTO mailing date
    2) EOT cannot exceed the 6 month statutory period for Office actions

          

  5. What is the limit for a Request for Continued Examination (RCE)?No limit as long as done before aboandoned

          

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