5 Written questions
5 Matching questions
- Notice of Allowability
- Express abandonment after receipt of Notice of Allowance
- Can automatic extensions be obtained retroactively?
- The written refusal to grant claims because the subject matter as claimed is considered unpatentable is a
- What is a terminal disclaimer?
- a time is not extendable for: submitting an oath or declaration and submitting formal drawings
- b Yes, lets say you have a shortened statutory period of three months, you can get your extension after three months
- c Terminal disclaimers are required whenever the term of the patent is calculated from the issue date and not the filing date. These are all design patents, utility applications issuing from application filed before June 8, 1995. and plant patents issuing from applications filed before June 8, 1995.
- d Applicant should submit declaration along with a petition to withdraw the application from issue and fee.
- e rejection
5 Multiple choice questions
- 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.
- the IA was published in English.
- 1) claims are to a single invention
2) a search was made
3) provides copies of closest references
4) provide detailed discussion of references and why claims are patentable over them. If not met applicant gets second chance to meet them
- received by PTO before first OA is mailed
- that CANNOT be sworn back.
5 True/False questions
What about in filing a second response or a Notice of Appeal after filing a first response to a Final Rejection? → No limit as long as done before aboandoned
Who can properly sign a response? → 1) Applicant(s)
3) Attorney of record
4) Attorney not of record but acting in representative capacity
After a First Official Action, the ball is returned to the Examiner, so is an extension required if Examiner amends? → No.
An applicant for a patent can now establish a date of invention by acts in a NAFTA country after ____ or in a WTO country after ____. → 1. where the Office Action so states
2. A Reply Brief (responsive to an Examiners Answer in an Appeal to the Board of Patent Appeals and Interferences)
3. A request for an oral hearing in an Appeal
4. Responding to a decision of the Board
5. Anything in an interferences
6. Due dates in reexaminations cannot be automatically extended and any extension for cause request in a reexamination must filed before that due date
35 USC 102 (b) → 1. US patents or published applications and PCT applications (having an international Application date after Nov 29, 2000) designating the US which are published in English, all have 102(e) dates once they publish
2. The prior art date is the earliest effective US filing date or International filing date once the US application or International Application has published.