5 Written Questions
5 Matching Questions
- Only two procedures are available to challenge whether a pending application should issue:
- The deadline for filing an Appeal Brief is calculated from:
- Any new (not previously examined) application require a fee if
- When do interviews occur?
- What is a preliminary amendment?
- a a protest or a Public Use Proceeding.
Protests are covered in chapter 1900
- b the date the Notice of Appeal is actually received by the Patent Office.
- c Interviews do not occur before a first office action unless it's a continuation (or CPA) or substitute application
2) No right to an interview after a final rejection
3) Not normally allowed after filing an appeal brief
- d 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
- e One made after, or at the time of filing, but before an action is issued.
5 Multiple Choice Questions
- 35 USC 102 (d) bars anyone from obtaining a US patent on a given invention only is all of the following has happened:
1. filed in a foreign country
2. filing in the foreign county was 12 months prior to US application filing
3. foreign patent issued before the US patent filed.
- 1. a prior publication
2. a prior patent
3. an abandonment of invention
4. prior sale or offer for sale
5. prior use
6. prior public and general knowledge
7. a prior invention
- A supplemental oath or declaration is NOT treated as an amendment, but a supplemental reissue oath or decl. is so treated
- 1 month
That IS IT! A total automatic extension greater than 5 months is NOT POSSIBLE!
- If they unduly interfere with the preparation of an Office Action and were not filed within three months of filing date (this period is not extendable)
5 True/False Questions
The written refusal to grant claims because the subject matter as claimed is considered unpatentable is a → rejection
After applicant's reply → Rule 1.131
If the form of the claim, spec, or drawing (as distinguished from its substance) is improper, an → objection is made
When responding to a 35 USC 102 rejection, you can only say that the examiner was wrong only is two ways: → 1. The claim is entitled to an earlier date.
2. The prior art does not actually teach each and every element and limitation of the invention.
When will a supplemental reply be considered as a matter of right? → - 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