5 Written Questions
5 Matching Questions
- Automatic extensions are available for what kind of time periods?
- What is the deadline on appeals?
- Which statute governs RCE?
- What is the "two month rule"
- A patent application published in the US resulting from an international application entering the national stage is prior art under 102(e) as of its international filing date ONLY IF
- a 35 USC 132 (b)
- b If a response to a Final Rejection is filed within two months from the mailing date AND the Office does not mail an Advisory Action until after the end of the three month period set for response. In that instance, the date before which action must be taken to avoid abandonment is automatically extended until the date the Office mails the Advisory Action or the six month period expires, whichever happens first.
- c TWO MONTHS.
- d the IA was published in English.
- e 1 month
That IS IT! A total automatic extension greater than 5 months is NOT POSSIBLE!
5 Multiple Choice Questions
- 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
- A final rejection can be the first action in a continuing or substitute application, if all claims are to the same invention as the parent application and could have been finally rejected in parent.
- "ready for patenting" therefore capable of enablement
- 1) filed along with a request for CPA
2) must specify time of requested suspension (no more than 3 months)
- - cancellation of claims
- adoption of Examiner suggestions
- placing application in condition for allowance
- replying of office requirement made after First reply
- correct informalities
- simplify issues on Appeal
5 True/False Questions
Can you respond to some rejection or objections and defere others until some future time? → Not allowed! Each response must be complete and respond fully to each rejection and objection.
Can prosecution be suspended in a reexamination? → No, except in the "no cause" suspension used in CPA or RCE filing. (suspension is no longer than 3 months)
Amendment is received in PTO before NOA is mailed, but does not get to examiner until after NOA is mailed → It has same standing as if NOA was not mailed
Can amendments or briefs be amended? → No.
Rules for Timeliness of Response
All dates are calculated from: → Appeal