5 Written questions
5 Matching questions
- Which statute governs RCE?
- How are changes to the specification made?
- Every response by an applicant must
- 35 USC 102 (g)
- Can automatic extensions be obtained retroactively?
- a Changes in the specification are made by submitted a "marked up" version of what needs to be changed and directing the PTO as to where the changes are being made. Paragraph numbering does help.
- b Yes, lets say you have a shortened statutory period of three months, you can get your extension after three months
- c 35 USC 132 (b)
- d 1) Reply to every rejection and objection in OA
2) Be a bona fide attempt to advance case to final action
3) Be in writing, typed or written in permanent ink and proper size paper
4) Be properly signed
- e - prior invention made in US (except in interference, then NAFTA or WTO country activity counts as well)
- prior invention must not be abandoned, suppressed, or concealed (ASC)
- a partial exception is made for commonly owned inventions.
5 Multiple choice questions
- received by PTO before first OA is mailed
- The max period is 6 MONTHS; office will notify applicant
- No, except in the "no cause" suspension used in CPA or RCE filing. (suspension is no longer than 3 months)
- The acts can be either of the inventor or another
- 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
"discloses but does not claim" can be sworn back BUT "claims the same invention"... → Purpose is to prove that applicant was the first inventor when faced with a reference dated earlier than the application filing date
An applicant who is rejected based upon the conclusions of the Proceeding CAN → appeal the resulting rejection to the Board of Patent Appeals and Interferences.
What is the limit for a Request for Continued Examination (RCE)? → No limit as long as done before aboandoned
An International Bureau Publication of an IA is prior art under 102(e) as of its international filing date IF → Like an amendment from the applicant so extensions are necessary.
In any application, what can you do about concurrent or future reply requiring a petition for an extension of time as incorporating a petition for that extension? → Yes.