5 Written questions
5 Matching questions
- Whether unavoidable or unintentional, what is required for revival?
- What is the deadline for filing an appeal brief?
- Due dates for the following cannot be extended even for cause:
- Final Rejection
- 35 USC 102 (f)
- a 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.
- b -filing
-a proposed response when an action was outstanding as the time of abandonment or the filing of a continuation
- c bar patenting subject matter which the applicant did not invent.
- d 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.
- e Two months but this is not statutory; therefore, it can be extended to 5 months
5 Multiple choice questions
- - previous general authorization for extensions of time
- mere payment of the extension of time fee without a specific request
- general authorization to pay an additional fee
- - illness
- age (over 65)
- counter terrorism
- 1) Applicant(s)
3) Attorney of record
4) Attorney not of record but acting in representative capacity
5 True/False questions
Can you obtain an extension of time to pay the issue fee? → No but you can pay late upon proper showing (unavoidable, unintentional)
Most rejections are based on 35 USC 112 first para → prior art is the set of circumstances set forth in 35 USC 102 ONLY.
Two routes exist for reviving an application depending on whether the abandonment was → - the required reply
- a statement that the entire delay was unintentional
- any necessary terminal disclaimer/fee
Is knowledge by the public considered "use" by the public under 102 (b)? → Not considered part of original disclosure unless filed with original app and later filed oath refers to it
Is an interview before filing permitted? → No.