5 Written Questions
5 Matching Questions
- What is the proper response to objection?
- Requirements for Information
- Which petitions do require a fee?
- What 6 applications is a RCE not available for?
- When is a preliminary amendment received by PTO?
- a 1) safety of recombinant DNA research
3) HIV/AIDS or cancer
5) biotechnology (small entities)
6) Prospective manufacture
7) Actual infringement
8) Any new application
- b Petition to director
- c received by PTO before first OA is mailed
- d 1) Adding new matter to an application (must use a CIP for that)
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
- e Examiner may require the submission of information that is reasonably necessary to properly examine or treat the matter (including: reissues, patents, reexams)
5 Multiple Choice Questions
- 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
- Applicant generally has 3 months if it comes with an OA and 3 months if it comes separately
2) EOT's are available
3) if no reply--abandoned
- 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
- The max period is 6 MONTHS; office will notify applicant
- 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.
5 True/False Questions
Final Rejection → A 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.
Non-responsive reply → 1) Due dates are calculated from PTO mailing date
2) EOT cannot exceed the 6 month statutory period for Office actions
What is the limit for a 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.
Which three entities can suspension of action be performed by? → 1) Applicant
2) the PTO
3) overlapping applications by same applicant or assignee
Amendments After Notice of Allowance → time is not extendable for: submitting an oath or declaration and submitting formal drawings