5 Written Questions
5 Matching Questions
- Petitions to make special
- Where is an exception to 35 USC 102 (e) (f) and (g) described:
- What is needed to get RCE?
- Whether unavoidable or unintentional, what is required for revival?
- What is the difference in the treatment of a supplemental oath or declaration and a supplemental reissue oath or declaration?
- a 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
- b -filing
-a proposed response when an action was outstanding as the time of abandonment or the filing of a continuation
- c Petitions to make special need to be in writing and identify the application by number and filing date
- d third paragraph of 35 USC 103
- e A supplemental oath or declaration is NOT treated as an amendment, but a supplemental reissue oath or decl. is so treated
5 Multiple Choice Questions
- 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
- the date the Notice of Appeal is actually received by the Patent Office.
- 1) Applicant with assignee's consent
3) Attorney/Agent of record
4) Attorney/Agent not of record, who acts in a representative capacity when filing a continuing application, may expressly abandon the prior application as of the filing date granted to the continuing application
- continuation application
5 True/False Questions
Non-responsive reply → 1) If intentional, must remedy within statutory period to avoid abandonment
2) If unintentional, examiner can either accept it or require reply within remaining period or set a new 1 month time limit (extendable); new time limit cannot be given after final OA
Due dates for the following cannot be extended even for cause: → 1. IDS
2. Any due date set by statute (such as 6 month absolute deadline set for response to Office Action)
3. The issue fee can now, by statute, be paid late upon a proper showing, but cannot be extended
4. The deadline for responding to a Notice of Omitted Items (2)
5. The three month deadline to obtain a refund for a fee paid as a large entity.
6. Filing Formal Drawings at time Issue Fee is paid.
What is a revival? → Bringing an abandoned application back to life.
What are the requirements to filed an RCE? → One made after, or at the time of filing, but before an action is issued.
When will a supplemental reply be considered as a matter of right? → A reply filed in follow up to an initially filed reply