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5 Written Questions

5 Matching Questions

  1. Submission with a RCE if a reply to an OA is outstanding
  2. When are foreign licenses obtained
  3. What factors should be considered in whether a preliminary amendment "unduly interferes" with preparation of first OA?
  4. When do interviews occur?
  5. What 6 applications is a RCE not available for?
  1. a 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
  2. b 1) submission must meet requirement of section 1.111 in order to continue prosecution.
    Payment of the fee for an RCE does NOT toll the running of any time period set for reply.
  3. c 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
  4. d 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. e 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 Multiple Choice Questions

  1. 1) Examiner must respond within 2 MONTHS of receipt
    2) Examiner may not make next action a final rejection if it relies on the new material
  2. Applicant must be ensure the substance of the interview is made of record in the app--often the examined agrees to do it. Full response to OA is still required.
  3. 1) Inventor/applicant
    2) Registered attorney/agent: of record, or using his file, or known by examiner to be local representative of record attorney
  4. 1) Interviews in conference room
    2) Videoconferencing are okay (amended)
  5. US application will be rejected if applicant files in another country before receiving a foreign license (if the invention was made in US).

5 True/False Questions

  1. What submissions are not allowed with a RCE?1) Appeal briefs under section 1.192
    2) Reply briefs under 193(b)


  2. Which petitions do 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


  3. There is no unrestricted right to entry of amendments after final rejection unless what five conditions occur?received by PTO before first OA is mailed


  4. 8 Types of Special ApplicationsCan occur...sometimes


  5. Rejection of Claims1) Due dates are calculated from PTO mailing date
    2) EOT cannot exceed the 6 month statutory period for Office actions


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