5 Written questions
5 Matching questions
- Express abandonment after receipt of Notice of Allowance
- Petitions to make special
- What is the proper response to a rejection?
- Amendments After Notice of Allowance
- Submission with a RCE if a reply to an OA is outstanding
- a Petitions to make special need to be in writing and identify the application by number and filing date
- b Appeal
- c 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.
- d Applicant should submit declaration along with a petition to withdraw the application from issue and fee.
- e You have no right to have amendment entered after mailing of Notice of Allowance - it's a matter of grace, good and sufficient reason in petition and fee
5 Multiple choice questions
- Not considered part of original disclosure unless filed with original app and later filed oath refers to it
- It will be accepted as a complete reply--safe harbor
- 1) Issue fee is not paid when due (can be revived if fee is accepted with petition)
2) Application in a interference where all claims corresponding to the count lose
3) After decision by Board or court
- Special application include:
1) made special by petition
2) reissued applications
3) transferred to different examiner
5) ready for allowance
6) ready for final rejection
7) pending more than 5 years
- 1) Prosecution must be CLOSED
2) Applicant must request RCE by filing submission and fee PRIOR TO the earliest of payment, abandonment, and filing notice of appeal
3) RCE is entitled to benefit of a certificate of mailing (CPAs are not)
4) A request for a CPA filed in an app having a filing date on or after May 29, 2000 for which CPA practice is not available (utility) will be treated as RCE
5 True/False questions
When should preliminary amendment be filed? → 1) Should be filed after app gets app number and filing date if not filed with original app
2) Should be filed with original app if claims are canceled to reduce the filing fee
3) For CPA's, preliminary amendments must be filed on the filing date of the CPA
What is the max period suspension of action by PTO → The max period is 6 MONTHS; office will notify applicant
Order of Examination → 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.
Every response by an applicant must → 1) Failure to Reply
2) Express Abandonment
3) Termination of Proceedings
How is express abandonment done? → 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.