5 Written Questions
5 Matching Questions
- What is Rule 131 used for? Rule 132?
- Can prosecution be suspended in a reexamination?
- Applications filed on or after August 25th, 2006
- Due dates for the following cannot be extended even for cause:
- If a prima facie showing has been made,
- 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 131: used to swear back or antedate
132: used to submit facts to rebut prima facie showing of obviousness, to establish utility or to establish enablement
- c no.
- d the Commissioner institutes the proceeding with both the applicant and the petitioner submitting briefs and testimony on the issued of public use and sale.
- e an applicant may be granted accelerated examination status.
5 Multiple Choice Questions
- 1) Reply to every rejection and objection in OA
2) Be a bona fide attempt to advance case to final action
3) Be in writing, typed or written in permanent ink and proper size paper
4) Be properly signed
- with good and sufficient cause and with fee
can suspend prosecution for 6 months
- 1. process
4. composition of matter
- Applicant must be ensure the substance of the interview is made of record in the app--often the examined agrees to do it. Full response to OA is still required.
- 1) nature of changes to claims or spec that would result from entry of amendment;
2)state of preparation of first OA as of date of receipt or pre. Amendment
5 True/False Questions
When are foreign licenses obtained → 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.
What submissions are not allowed with a RCE? → 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
Who can properly sign a response? → 1) PTO will withdraw the finality of any OA
2) Will be treated as request to dismiss an appeal and reopen prosecution if filed after filing of the Notice of Appeal but prior to decision
3) If filed after a decision but before filing an appeal, it will serve to reopen prosecution. However, applicant must submit arguments, amendments, or a showing of facts as to why any rejection upheld or suggested by the Board should be removed
Can prosecution be suspended to allow submission of an IDS? → No, except in the "no cause" suspension used in CPA or RCE filing. (suspension is no longer than 3 months)
What is a preliminary amendment? → One made after, or at the time of filing, but before an action is issued.